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RAJASTHAN SAMWAD Department of Information and Public Relations Campus
Government Secretariat, Jaipur
REQUEST FOR PROPOSAL for
PROVIDING COURIER SERVICES FOR DELIVERING
PRINTED MATERIALS, ETC. AT VARiOUS PLACES IN
RAJASTHAN AND OUTSIDE
RATE CONTRACT
Electronic Procurement
RAJASTHAN SAMWAD
RATE CONTRACT FOR PROVIDING COURIER SERVICES
FOR DELIVERING PRINTED MATERIALS, ETC. AT
VARIOUS PLACES IN RAJASTHAN AND OUTSIDE
Table of Contents
Disclaimer .................................................................................... 3
Critical Dates ................................................................................................ 4
Notice Inviting Bids ..................................................................................... 5
Section I : Instructions to Bidders and Bid Data (IT B) ......................... 9
Section II : Qualification and Evaluation Criteria ................................ 37
Section II! : Terms of Reference (TOR) ............................................. 39
Section IV : Bidding Forms ............................................................ 42
Section V : Conditions of Contract ................................................... 61
Section VI: Contract Forms .......................................................... 80
2
DisclaH"If"lf
A The information contained in this Request for Proposal ("RFP")! bidding document provided to the Bidder(s), by or on behalf of Rajasthan Samwad or any of its employees or advisors, is provided to the Bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided.
8. The purpose of this RFP document is to provide the Bidder(s) with information to assist the formulation of their Proposals. This RFP document does not purport to contain all the information which each Bidder may require. This RFP document may not be appropriate for all persons, and it is not possible for Rajasthan Samwad, its employees or advisors to consider the business! investment objectives, financial situation and particular needs of each Bidder who reads or uses this RFP document Each Bidder should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP document and where necessary obtain independent advice from appropriate sources.
C. Rajasthan Samwad, its employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP document
D. Rajasthan Samwad may, in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP document.
RAJASTHAN SAMWAD
BIDDING DOCUMENT CONTRACT FOR PROVIDING
COURIER SERVICES FOR DELIVERING PRINTED MATERIALS,
ETC. AT VARIOUS PLACES IN RAJASTHAN AND OUTSIDE
Critical Dates
.~""- _ .. ""
S.No. Event Date
1. of Notice Inviting Bids and Bidding 01/03/2019 Document on State Public Procurement Portal
","-"'" ,,---, .--- _._. __ ..... - --'" --~---".
2 Date from which Bidding Document will be sold from the 01/03/2019 office of Rajasthan Samwad or can be downloaded from
; State Public Procurement Portal _" - "M_'_"_" _____ ._ ""'" ~ •• ____ .. __ "."~_. __ ,.__ __ • ____ .. ,,~._,. _______ ._''',., ._,, __
3. Date upto which queries for clarifications on Bidding 04/03/2019 Document can be sent to Rajasthan Samwad bye-mail
4.
5.
.. --.--._.,--.. -....... -._ ...... -..-. .. __ .... -- ............. _. _.- .. -"- "-'-c- -f Last time and date upto which Bids can be submitted to the Upto 1000 off"ice of Rajasthan Samwad AM of
Time and date of opening of Technical Bids
Time and date of opening of Financial Bids
07/03/2019
300 PM of-07/03/2019
To be declared
later
(NIB for Publication on State Public Procurement Portal)
RAJASTHAN SAMWAD Department Information and Public Relations Campus
Government Secretariat, Jaipur-302 005 (Telephone No. 0141-2227325, Fax No. 0141-2227057,
email id: [email protected]
SHORT TERM NOTICE iNVIT!NG BloSI PROPOSALS
NIB No ..... . . .................. oate .. ,f.:·.·· UJ.. , 1. Single Stage Two·Envelopes unconditional Technical and Financial Bids are invited by Rajasthan Samwad for Rate Contract for providing courier services for delivering printed materials, etc. at various places in Rajasthan and outside. Brief particulars of the procurement are given below:
II' ApprOXimate LasttimeandTPerio(r~rValiditYT Priceof--I Amo-unt of Bid value of date for I the Contractl period II, Bidding I Security
I Services receiving Bids I of Bids . Document .
rRupees . i Up!o 10:00 112 months 1 90 . I Rs.1,OOO IRS. 24,0001-i 12.00 Lakh AM of I Days i , (Rupees I 07/03120'19 iii i twenty four L .. _____ L ____ .-J. I l. ___ J thousand only)
2. The complete Bidding Document contammg Instructions to Bidders and Bid Data, Evaluation and Qualil1cation Criteria, Terms of Reference, Bidding forms, General Conditions of Contract, Special Conditions of Contract Contract Forms. etc. may be seen at or downloaded from the website of State Public Procurement Portal hnp:llsppp.rajasthan.gov. in or e-procuremcnt portal http://eproc.rajasthan.gov.in
3. Technical and Financial Bids, duly digitally signed by the bidder on all pages and serially numbered, enclosed in two separate covcrs, and a third cover (or in the cover containing Technical Bid) containing scanned copies of documents of payment of price of Bidding Document, electronic bid processing fcc (both being non·refundable) and Bid Security mllst be submitted electronically to the Rajasthan Sam wad on the e-procurement portal http://eproc.rajasthan.gov.in by using your !D, password and digital signature certil1cate, latest ltpto 10.00 Aivl of 07/03/20] 9
4. The instruments of payment of price of Rupees 1000 of the Bidding Document and the amount of Bid Security of Rupees twenty four thOltsands must be in the [,)I'm of two separate bank demand draft!s banker's cheques of a Scheduled Bank in India drawn in the name of MD RAJSAMW AD payable at Jaipur (Bid Security may also be deposited in the form of bank guarantee issued by a Scheduled Bank in India in the specified given format). The electronic bid processing fce of Rupees 1000 must be paid by another separate bank demand draft! banker's cheque of a Scheduled Bank in India drawn in the name of Managing Director, RISL payable at Jaipur. All these three original instruments or payment must be
5
sui:n-nittcd in a sea!ed cover the Bidder to tile office Government Secretariat Jilipur het'Ncen 12.00 Noon of 07/03/20 19.
, "\llnent, , 'I" Ii'" ,of 'I ' I I' "fS'd"!!1" DOC "), l1e proc(;cure {or subnllSStOn 01 :31(S me tI( mg payment 01' pnce 0" .1 0 '-' . the \,.:
" 3'1" I I 'j"1"cl on c-procllfement proccssmg lee l .t 1C Secunty~ etc.. 'laS ~t so been specl .... Procurement Portal and in the Bidding Document.
c,t-AD,
6, '1'bc Technical Bids sh,,11 be opened a13,OO PM on dated 07103i2019 in the ofllc
<-' ~:: their 'dd'rs ' R,\iasti1an Samwaci, Government Secretarial ],lipur in the presence of the B \ - ",'
representatives who wish to be present. (,thout
'0'" " 6, The DIPR is not bound to accept the succcsstlJl Bid and may reject any or all 13 1 •
assigning any reason thereof
7, The Bidders shall have to submit proofs of their Goods and Service Tax the Permanent Account Number (PAN) oflncoll1c Tax,
~/ Managing Director, Rajastl,an Samwad, Jaipur
6
'~n and , tl"atit..
['egiS .::
RAJASTHAN SAMWAD Department of Information and Public Relations Campus
Government Secretariat, Jaipur (Teiephone No. 0141-2227325, Fax No. 0141-2227057,
email id:[email protected])
SHORT TERM NOTICE INVITING BIDS! PROPOSALS
NIB No...... .. .................... Date ... DL:.y. Ii
1. Single Stage Two-Envelopes unconditional Technical and Financial Bids are invited by Rajasthan Samwad for Rate Contract for providing courier services for delivering printed materials, etc. at various places in Rajasthan and outside. Brief particulars of the procurement are given below:
I Approximate I Last time and I Period of i Validity ! Price of-I AmountoTBidl I value of j dale for I the contract'l period i Bidding I Security I I Services receiving Bidsl of Bids i Document II j ~ I -----L- I .J I Rupees -- Upto 10:00112 months II' 90 i Rs.1,000 IRs. 24,0001- II
112.00 Lakh AM of I Days! I (Rupees II 07103/2019 II', I, ! I twenty four
. ~ __ -,-' _ I thousand onlill
The complete Bidding Document may be seen at the office of Rajasthan Samwad or downloaded from the State Public Procurement Portal http://sppp.rajajasthan.gov.in or e-procurement portal http://eproc.rajasthan.gov.in and its non-refundable price may be paid along with bid security amount at the time of submission of the bid by banker's cheque, demand draft, bank guarantee of a Scheduled Bank in India as specified in the Bidding Document.
Man~ector, Rajasthan Samwad, Jaipur
7
Directions for e-Procurement
1) The Bidder or his authorized signatory shall submit his Technical and Financial! Price Bids! Proposals only in electronic format though on-line subrnission on eProcurement Portal, http://eproc.rajasthan.gov.in However, the Banker's Cheque! Demand Drafts for Price of Bidding Document and e-procurement processing fee of RISL, and Banker's Cheque/ Demand Draft! Bank Guarantee for Bid Security should be submitted physically at the office of DIPR at Department of Information and Public Relations Campus, Secretariat, Jaipur within the time specified in the Notice Inviting Bids! Bidding Document but scanned copies of the same must also be uploaded along wilt', the Technical Bid in its cover or a separate cover on e-Procurement Portal.
2) In case, a Bidder fails to physically submit the Demand Drafts for Price of Bidding Document and e-procurement processing fee of RISL, and Banker's Chequel Demand Draft! Bank Guarantee for Bid Security within the specified time as stated in para 1) above, its Bid shall not be accepted.
3) To participate in online bidding process Bidders must procure a Digital Signature Certificate (Type II or III) as per Information Technology Act-2000 using which they can digitally sign their electronic bids. Bidders can procure the same from any CCA approved certifying agency, i.e. TCS, Safecrypt, Ncode etc. Bidders who already have a valid Digital Signature Certificate (DSC) need not procure a new DSC. Also, Bidders must register on the e-Procurement Portal (Bidders already registered on http://eproc.rajasthan.gov.in before 30-09-2011 must register again).
4) DIPR shall not be responsible for any delay in online submission of Bid! Proposal by a Bidder due to any reason, whatsoever like slow speed, choking of web site due to heavy load, etc. Therefore, the Bidders are advised to upload their complete Bids well in advance.
5) Bidders are also advised to refer "Bidders Manual Kit" available on eProcurement Portal for further details about the e-Tendering process.
6) Training for the Bidders on the usage of e-Tendering System (e-Procurement) is also being arranged by Department of Information Technology & Communication, Government of Rajasthan on a regular basis. Bidders interested for training may contact e-Procurement Celi, Department of Information Technology &
Communication for booking a training slot (Contact No: 0141-4022688 between 10 am to 6 pm on all working days, e-mail: [email protected] Address: eProcurement Cell, RISL, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur).
8
Section I Instruction to Bidders! Service Providers
and Bid Data (lTB/ITSP)
9
Sectio I: Instruction and Bid Data
Bidders! Service Providers
Important Instruction:- The Law relating to procurement "The Rajasthan Transparency in Public Procurement Act, 2012" [hereinafter called the Act] and the "Rajasthan Transparency in Public Procurement Rules, 2013" [hereinafter called the Rules] under the said Act have come into force which are available on the website of State Public Procurement Portal http://sppp,rajasthan,gov.in Therefore, the Bidders are advised to acquaint themselves with the provisions of the Act and the Rules before participating in the bidding process, If there is any discrepancy bet\iveen the provisions of the Act and the Rules and this Bidding Document, the provisions of the Act and the Rules shall prevail.
rs.NoTParticulars--i Clause--I .--..... --.--.- -Description ------·----·-l I Iii I '-__ ~_.--L_ ... _. ____ .--J _____ "_ . .-l ______ "_., ___ " _______ ~. ______ ~ _____ "_I
11. General I L ....... -.... ~-... ---.... -.-... -... --.. --_.-.. -----.. -.---.. -----.. · .. --·· .. ·-·-·--.. ·-·--·---·1 ' 11 I Definitions I 1.1,1 I "Act" means the Rajasthan Transparency in Public I
I !, Procurement Act, 2012, ! IT--·- --H.T2--+Bid" meanS-a- formal offer made by a Biddern I I I I Service Provider in form of a Proposal including I I I I Technical Proposal and Financial Proposal to I
l' Rajasthan Samwad in response to Notice Inviting I
i I Bidsf Proposals,
---+-1 - ~ .-;-;:;:--......,..----::;:......,-.-;---;,-__ I
I I 11,1.3 "Bidder! Service Provider" means a person or any ! I entity who submits a Bidl Proposal who may be
I ! I selected to provide the Services to Rajasthan
I I Samwad under the Contract.
-----~ ·~~·----~7-~~ I
Document consisting of Notice Inviting Bidsf I , II I Proposals and I to VI Sections made available to I I I the Bidders by Rajasthan Samwad for selection of I I I the successful Service Provider, J
1----+\- "it 1 ,5 "Clientf Rajasthan Samwad" means the self-I' I i governed SOciety formed by Government of ! I Rajasthan and registered under the Societies I ! Registration Act, 1958.The selected Service I ,I Provider will sign the Contract with Rajasthan
I I _-ii, Samwad for the Services, I i---r--- 1.1,6 I "Contract" means the Contract which shall be II'
1
_ I I signed by Rajasthan Samwad with the selected 1 . I· . II successful Bidderf Service Provider and all its II' J _______ L __ ..Lttached documents and the appendices, J
1O
r--- ·-· .. r .. ·· ..... ··.--·----ni~7·-·····r;Da\7meansa·calendar·day.····-······-·····-----·-·----i i! II ( I i __ ~·_··~_· __ i.-_,~ __ .. _·_·,_'" __ ·~ ___ ,,·~_·_·" ___ t-·-----.~_._-1 ____ .. _" ___ ~" ___ ,. _____ .~ __ ~_.,_,_,_" __ , ____ , __ .,, _____ .""_. __ " ____________ ~...J
'I I i 1.1.8 ! "Government! GOR" means the Government of!
, 'I . I I! ! i Rajasthan, ! ! ... "-,.~--"--l-.,---"--"--.,-'"------"-""----l,,-.,,".--,, ___ L", ________ "' __ ." ____ " _______ .. '" .. ____ ~ ____ "_. __ . _ _ ~, ____ "_J " 111 ,9 I "Managing Director, Rajasthan Samwad" means i Iii ! the executive head of Rajastllan Samwad, 'I'
i ( J"
I-----~ i-·-----·-·--lTIi o-t~~;;,u~~~~~ t~~:id:~e:~~::~~~c~r~~~~~~~(I;;: I I I i I Bidders! Service Providers with infonllation I Ii! I needed to prepare their Bidsl Proposals, I j i ,,! I " f I -- -f----------- .- -------t------ ---- _______ ... _______ ~~ __ ~ ______ .. _____________ .J
I I : 'I 1 11 !' LOI! LOA' means the Leiter of Intent! Acceptance I I [I which will be sent by Rajasthan Samwad to the I I I I I selected successful Bidder! Service PrOVider i [.--.---.L. --.- -'-- ___ L_. __ ~. f---.. - ----.-- .. -.- -~--------.------J Iii 1.1,12 I "Personnel" means professionals and support staff I
I II I i which will be working for the Bidder! Service I '1 I i Provider to perfonll the Services, I
+ I i r! . 1'1-:1.131 "Proposal" means the Technical Proposal and the! I, I 'I Financial Proposal submitted by the Bidderl i L I J _ I Service Provider. :11
I -""'i -riT14 "RFP" means the Request for Proposals and is the I II i entire Bidding Document made available to the I I Bidders by Rajasthan Samwad for selection of the I I I I successful Service Provider. I
1,1,16 "Services" means the tasks to be perfonlled by the selected Service Provider within the Contract
L I I period, ,
I·_·-t 1,1,17 I "Terms of Reference" (TOR) means the document I
I I included in the Bidding Document! RFP which
I i explains the objectives, scope of work, activities, I I I tasks to be performed, respective responsibilities
+_ of the Client and the Service PrOVider. and I
expected results
f-- 1 118 I T "m, "I d"oed h'" ,hall h'" '''' "m, I I I I meaning as given to them In the Act _______ .. ___ . _____ .J ____ . ___ 1 __________ .~ ______ . __ . _____ ~_. _____ .
~j:r""'iScopeor~"~" ., r~I~2.T~rMa-nag;ng~Dlrecto;:,~~R aJastFia'nsalTiwad~is~ih~e-1 , Services ! Procuring Entity vvhich has invited the Bids from!
I eligible and qualified Bidders for selecting, in I I accordance WiH1 the procedure of selection I i specified in this Bidding Document, fO!' Rate I ! Contract for providino courier services for i \ deiivering printed materi~ls, etc. at various places I I in Rajasthan and outside. I I ! , , ! The detailed Scope of the Services has been given I I in Terms of Reference, Section III of this Bidding i I Document. ! 1 I , !
I The duration of the present Contract is 12 months I i Wllich may further be extended by another period I I of 03 months on the same terms and conditions I
! I II I and prices. ! ! h' I i-1-3"- Interpretatlon---G:3-.1--i Throughout thiS Bidding-Docume~-------~l
II I I i. the term "in writing" means communicated in I
! I written form through letter, fax, e-mail etc. I
I I I with proof of receipt; I I I I I ii, if the context so requires, singular means I
I 1:4-'1'" costorthej-1A~1~-~+seNic:~:~~~::r:~::::~::ar-alicostsaSSociated-! Proposal I with the preparation and submission of their I
I proposals and contract negotiation, The Rajasthan I
1 . Samwad is not bound to accept any proposal, and I I I reserves the right to annul the selection process at '
I \ i any time prior to Contract award without assigning I 1 I any reason and without thereby incurring any, I . I liability to the Bidders. I 12, Code of Integrity, Conflict of Interest, etc. i
IzT-ll Conflict of I 2,1.1 Tin addition to the provisions of Rule 81, the 1 Interest I Procuring Entity reqUIres that Service Provider I
I I I prOVide professional. obJective, and impartial 'I
I ' advice and at all times hold the Rajasthan i I Samwad's interests paramount, strictly avoid!
I I conflicts with other assignments or their own I
'j corporate interests and act without any i
I consideration for future work. I
I I The Service Provider shall not accept or engage in I I any assignment that would be in conflict with its I I 11 I prior or current 0i:JIigations to other employers. or 'I
L I that may pla,9.€Yif in a position of not being able to ~__ _ ____ Lcan:Lout/trle assignment in the best interests of ,
/ /'
,,/12 ~.,/ v
I
"-r~~'"-''''-''~--"'-'"-''T----'--'-'-<-~---'-''~''-'-'----_' __ ""_, __ ... ,", ... _·'~ __ m._~··_ ... __ ,. __ .'_"_'_"'''_'' ___ ''.-.------... , ... ,,-.;
\ i the Rajasthan Samwad. I I iii i >--"" .. -."+ ... ---.... ---.".-"~-.-... -,,'-.... -.--.----.-.. -·_ .... ·_-_·-· .. · .... _---_· .... _ .. ·_-.. --.. ·1
i, i Conflicting i 2.2.1 II A Service Provider (including its Personnel) that \ I i activities i ,has a business or family relationship with a I ! I . i member of the Rajasthan Samwad's staff who is I I I. i directly or indirectly involved in any part of (i) the I . i preparation of the Terms of Reference of the I I I assignment, (H) the selection process for such I,
i I [aSsignment, or (iii) supervision of the Contract, I I I I I may not be awarded a Contract. I r'''--''''''''1'''' ... --.. -.... . . __ ...... "+ ... _._ .... _-L .......... _. ___ ..•.•..• _ ......... __ ",, ....... --.. " ............. - .. -" .• ".-.-..... " ... --- ..• !
I I i 2.2.2 I Service Providers have an obligation to disclose II i ' I I any situation of actual or potential conflict that
I i impacts their capacity to serve the best interest of I ! I, the Rajasthan Samwad, or that may reasonably be i
I I II perceived as having this effect Failure to disclose I Ii' I said situations may lead to the disqualification of I
. II i the Service Provider or the termination of its
I I I I Contract. [
f--~" ----· .. --f11-C2-,.2C-.3.,--~1 No' agency or currenf'-em-pC-IO-y-ee-s-07f-CCth-e-=R-aJc-'a-s~ I . Samwad shall work as Service Provider or work as I I I! his personnel.
-' 2-.-3- '[ Code of I 2.3.1 I The Service Providers and their respective officers, II I, Integrity I employees, agents and advisers shall observe the
highest standard of ethics during the Selection Process and in execution of the Contract. I Any person participating in the procurement process or executing the Contract shall,-(a) not offer any bribe, reward or gift or any
material benefit either directly or indirectly in
I exchange for an unfair advantage in I
,. procurement process or to otherwise influence I
the procurement process; I (b) not misrepresent or omit that misleads or I I attempts to mislead so as to obtain a financial I
or other benefit or avoid an obligation; , (c) not indulge in any collusion, Bid rigging or anti-
competitive behaviour to impair the transparency, fairness and progress of the 'I
I procurement process; !
(d) not misuse any information shared between I the procuring Entity and the Bidders with an I intent to gain unfair advantage In the procurement process; I
, (e) not Indulge in any coercion Including impairing i or harming or threatening to do the same, I I directly or indirectly, to any party or to its I
_~_ ---.-L_J2!:'?E~rty to influence the procurement process; I,
13
(fj-nofob-struCta-n y jn;;esiigaiio·n-oraud~·ofal procurement process;
(g) disciose conflict of interest, if any; and i (h) Disclose any previous transgressions with any I,
l ' , I Entity in India or any other country during the i I
I ! [last three years or any debarment by any I'
I i I! other procuring Entity, ,
I---·-L---.---. .h-.. ---.. l------.--.--.-----.--.. - .. ---------j r 2.4 i Breach of ! 2.4.1 i The Rajasthan Samwad shall, notwithstand'ing I 'I I Code of I I anything to the contrary contained in this Bidding I
I Integrity by I I Document, reject a Proposal without being liable in I i i the Bidder I I any manner whatsoever to the Service Provider, If ! I I I! it determines that the Service Provider has, directly I I, II i or indirectly or through an agent, engaged in any I I t I i corrupt, fraudulent, coercive, undesirable or I
I I I restrictive practices in the Selection Process or in I [ I execution of the Contract In such an event, the I i I Procuring Entity shall, without prejudice to its any I i i other rights or remedies under section 11 (3), 461 I i and Chapter IV of the Act, forfeit and appropriate ,
lithe Bid Security or any other Security as genuine I
I pre-estimated compensation and damages
, payable to the Procuring Entity for, inter alia, time, I I cost and effort of the Procuring Entity in regard to
I I I I the bid, including consideration and evaluation of I
I Iii such Service Provider's Proposal and completing I
1 I
the remaining Services, , , I ___ ~._ ... __ ._._ .. __ .... ....i._ .. ____ ._ .. _ .. __ . ___ . __ .. _._._ .. __ .. -----1
3. Eligibility j 3.1 I General I 3.1,1 1 The Service Provider may be· a natural person,
private Entity or government-owned Entity and
I _~~_ must be re9,istered or bonafide dealer for providing I I couner serVices,
1'3,1,2 . The Bidder should not have a conflict of interest in \'
l-~ I I the procurement in question as stated in the Rule I 81 and this Bidding document. I
. --+1 3, ~he Bidder shall not be eligible to apply for this )1 , Services Contract in case it has been debarred by
I I I Government of Rajasthan or the Rajasthan I I I I Samwad under section 46 of the Act. I r---- ~, 1 A I The Bidder shall have to submit proof of I I , registration for the Service Tax and Permanent
~ I I Account Number (PAN) under Income Tax Act
1
1
--- f3T5-r. Any change in the constitution of the firm, etc.:! L.... . .. I . shall be notified forthwith b.Y..Jl:!.e Bidder in .J
14
·~~-'.~ --~~'r .. '-"~'--"'~-~--'--~-'--'----~"-"--'""-~'-~'---'-~-'-''---'''''-''---'~--''~''~--'~-~-~-'''----'-"'''-''''-'-1 i writing to the Rajasthan Samwad and such i \
. change shall not relive any former member of i the firm, etc" from allY liability under the ! Contract I
I I !I
! !
No new partner/partners shall be accepted in the firm by the Bidder in respect of the contract unless he/they agree to abide by all its terms, conditions and deposit with the Rajasthan Samwad a written agreement to this effect, The Bidder's receipt for acknowledgement or that of any partners subsequently accepted as above shall bind all of them and will be sufficient discharge for
I \
I I'! any of the purpose of the Contract I, I L ____ .,,~~i, ~.~ ___ ~ ____ . I_~_~J ____ "_," ____________ . ______ ,, ___ ~~
! 3.2 I Only one: 3.2.1 I A Bidder shall submit only one Proposal If a I I i Proposal by' I Service Provider submits or partiCipates in more I I i one Bidder I than one proposal, such proposals shall be i
L I _ L I disqualified. . __ , __________ J 14. Contents of Bidding Document (RFP) I 1
'----'1-·_-----,,-""----,,-----'''-----,,-'''-----''-'-''------., 4,1 , Sections of 1 4,1,1 I This Bidding DocumenU RFP consists of the I
I I the Bidding I I following Sections: I 'I I Document: ' Notice Inviting Bids (Proposals)
'I (RFP) 'I Section I: Instruction to Bidders! Service Providers I i (ITB/ITSP) and Bid Data
I \' Section II Qualification and Evaluation Criteria I Section III' Terms of Reference (TOR)
I Section IV, Bidding Forms
I I I Section V Conditions of Contract (CC)
I Section VI: Contract Form s
i. commenced from the date of publication of I Notice Inviting Bids and shall be stopped one 'I
day prior to the date of opening of Bids, The , complete Bidding Document shall also be 1
placed on the State Public Procurement Portal I (SPPP) http://sppp,rajajasthan,gov,in. The
III' prospective Bidders shall be permitted to I
download the Bidding Document from the I , SPPP and pay its price while submitting the I
I filled-up Bidding Document to the Rajasthan I
ii. The Bidding Document shall be made available I L ___ L___ __ ,_.-.-l_~e~~rie:ii~dt~e ~~~ic~al~~it;~~ ~~~~~ i~O~ai!'h ~~ I
15
c~--- ·r~-·--, . ~-I)yba-nkdemanadrafCbanke?s~chequeoTal i Scheduled Bank in India.
\ i , ill l
-~ ... " ·~-"··-·-'--·i·~"·-·-·----··-·~~~- ""-~-."+"--~-.--, .. --".--"'+~~ .. -~.~-.---.,,---.. -~-... ,,-.--"""-,---,-------'"-·,·----------"'"---,---",·1 , 14.1.3 ! Tile instruments of payment of price of Rupees i I ,I 1000 of the Bidding Document and the amount of [ i I bid security of Rupees eighteen thousand only i
! must be in the form of !WO separate bank demand I II draft! banker's cheque of a Scheduled Bank in I
, India drawn in the name of Managing Director, I i Rajasthan Samwad, payable at Jaipur (bid security I
I, may also be deposited through bank guarantee I
issued by a Scheduled Bank in India in 111e i I specified given format). These !WO original I
I I I instruments of payment must be submitted I I! i 'I alongwith the sealed envelope of Technical Bid in i I Ii, the office of RaJ·asthan Samwad, I 'I I i I l ___ .-,-_._~~ ____ +----+--.-- . .._~~ ________ ~_.~ i I ! 4.1.4 I The Rajasthan Samwad is not responsible for the I \ iii completeness of the Blddmg Document and Its I I I J' I addenda, if they were not downloaded correctly, I J' I from the State Public Procurement Portal. I f--.-. ,~---~.-.-.-.-- ·----·~-I· .. -----.-~-~-~--~-~--.---~---I i 1 4.1.5 The Bidder is expected to examine all instructions,
I I I forms, terms and specifications in the Bidding I ,I Document. Failure to furnish all information 01- i
,il I I' authentic documentation required by the Bidding I'
I I I i Document may result in rejection of the Bid. .
f4.T--1 Clarification of 4.2.1 I The Bidder shall be deemed to have carefui~
I I Bidding , examined the Bidding procedure, Evaluation and I i Document I· Qualification Criteria, Conditions of Contract,'
I Terms of Reference etc. of the Services to be I performed. If any Bidder has any doubts as to the I
·1 I meaning of any portion of these Bidding
I· procedure, Evaluation and Qualification Criteria,
I Conditions of Contract, Terms of Reference etc" it shall, before submitting the Bid, refer the same to the Rajasthan Samwad and get clarifications. A Bidder requiring any clarification of the Bidding Document shall contact the Rajasthan Samwad in writing or e-mail at the Rajasthan Samwad's address written in the beginning of the Bidding Document. The Rajasthan Samwad will respond in writing or e-mail to any request for clarification, within three days provided that such request is received no later than 7 (seven) days prior to the deadline for submission of Bids. The clarification issued, including a description of the inquiry but!
I without identifying its source shall also be placed I L-.--,-__ ~ ___ --'--_____ Lon the State Public Procurement Portal and should I
16
r-.,--.---- ·····i-······---lille- Raj asthan-'Samwad--deeni-ii!1ecessaryi'ol , ! amend the Bidding Document as a result of a I
'i clarification, it shall do so following the procedure i i under ITB Clause 4.3 [Amendment of Bidding I I Document] through an addendum which shall form i
, i part of the Bidding Document. I , I ' .... j _. ___ ... _ .. _._~ .. _ .. _. __ ..... _ .. _._ .... __ ....._ ... _ .. __ ...... __ ._._ ...... _ ........ _ .... _ .... _ ... ..J
I, 4.2.2 I The Bidders are requested, to submit their I , I questions quoting section, page number and I
i clause number in writing or by e .. mail in the format i I i I! given in Section IV [Bidding Forms]. I i \ II I I 1-----.·_·_ .... --·_ .. _---+ .. _---_·_· - .. - .... --.. --.-----~--.--.. - .. - . .,..; I I i 4.2.3 I' At any time prior to the deadline for submission of I I i I' , the Bids, the Rajasthan Samwad, suo moto, may i I I 'I I also amend the Bidding Document, if required, by', I, . I issuing an addendum which will form part of the I I I I Bidding Document I
I. 4.3~1: Amendment" 14.3.1 ! Any addendum issued shall be part-ofthe Biddiri9l : , of Bidding I I Document and shall be uploaded on the State I' L I Document, I Public Procurement Portal I
.. --. 'I --·---~3.2 I To give prospective Bidders reasonable time in 1 I 'which to take an addendum into account in I
I I preparing their Bids, the Rajasthan Samwad may'l at its discretion, extend the deadline for the
I submission of the Bids under due publication on the State Public Procurement Portal.
f-;;;-=-...L-""""'-....-;::-:-;--'----. ..L..--.-.-------------L' Preparation of BidS. "--:-:--:--:c:--c:--I
'5.1 ~cost of 15.1.1 I The Bidder shall bear all costs associated with the Bidding I preparation and submission of its Bid, and the
Rajasthan Samwad shall not be responsible or 1 liable for those costs, regardless of the conduct or LJ. .J. outcome of the bidding process. I
'I 1 5.1.2 The Bidder shall furnish the self attested cOPies~ the following documents with its Bid:.. I
I 'i, Partnership Deed and valid registration
I' I, certificate with the Registrar of Firms in case of 1
I Partnership Firms, Power of Attorney in favour of I
I I the partner signing/ submitting the Bid, authorizing I
I I', him to represent all partners of the firm and his, , contact details. I I ii. Certificate of Registration and Memorandum
I , of Association issued by Registrar of Companies in II
I I I case of a registered company and in case of any
. other statutory or registered body, certificate OfJ'
L ___ L_~. __ .l.......... ___ lJ!lcorporation or registration issued i:Jy concerned
17
i~---T------- ·-----~lauthorities-Power~orattc;rney-in--favour-ofthe-i
I person signing the Bid and his contact details in i i the format given in Section IV [Bidding Forms]. I I iii. Permanent Account Number (PAN) issued I I by the Income Tax Department and Service Tax I i registration certificate. I I iv. Address of office, telephone, fax numbers, I
I I e-mail address. I I ! i . -"---'r-~------------~-'~------"'-'---'---~-~---~ i Language of I 5_2_1 i The Bid, as well as all correspondence and I
I Bid I documents relating to the Bid exchanged by the I , i Bidder and the Rajasthan Samwad, shall be I
I, written in English! Hindi language and printed! i iiterature that are part of the Bid may be in another 'I'
I language provided they are accompanied by an ,
I , , I ! I
~--3 -Ioocume-n-ts -~1---:5:-_3=--_1
I, 'I Comprising I
the Bid 1,,1
I ' I I
I
I
I accurate translation of the relevant passages duly 'I'
I accepted by the Bidder in English! Hindi, in which
II case, for purposes of interpretation of the Bid, such,
translation shall govern. I I i
iThe --Bid shall comprise of two envelopeS:- one I " containing the Technical Bid! Proposal and the I
other the Financial or Price Bid! Proposal. I I
One more envelope containing original proof of i payment of the price of Bidding Document and Bid I Security shall be submitted separately. Alternately,
I the proof of payment of the price of Bidding Document and Bid Security may also be enclosed I
I, in the envelope containing Technical Bid!'
Proposal.
I All documents of Technical Bid! Proposal and
I Financial Bid! Proposal must be signed by the Bidder or its authorized signatory, The form for.
I I ,Financial Bid must be completed without any I I I I alterations to its format, and no substitutes shall be 'I I ,accepted_ All blank spaces shall be filled in ink or I
! i l typed with the prices requested_ i
r -+-1 --···----~_b15X2-1 The-Technical Bid! ProposalSiiall contairi~-the following:
I' 'I L Technical Bid! Proposal Submission Sheet and.
I I I Technical Bid containing the filled up Bidding I
I I 'I Forms and Declarations related to Technical Bid!
I ' and Code of Integrity given in Section IV I
\
' I , [Bidding Forms];
~I ~'i. proof of payment of price of Bidding Document'
and Bid Security; L_ iii. written confirmation authorizing the Signator~
18
-----T- ·····------~T-~r- Ihe!3iCftocoil1mit theBicider;------~-~~-l
I iv. documentary evidence establisrling the Biddei's i I eligibility to bid; 'I
I v. documentary evidence establishing the Bidde(s , I qualifications to perform the Contract if its Bid is I I accepted; , ! vi. Commentsi suggestions on TOR, if any. I
I I vii. :~~ documents mentioned in ITB Clause 5.1.2; !
I 'I viii. Others considered necessary to strengthen the
I Bid. I I I i
I--~'-T' ----------+53.3--1 The-FinanCialBidi Price Proposal shall contain the-i I ! I following. I
I I I I I
I Ii! Financial Bidl Price Proposal Submission Shee~'
L· I I i and the Price Schedule in the specified formats.
54--1 ~~~~~~~~1----1-5~-41 I ~~~rm~~oc~~~~i~at:~or~~~~~~~~~~;~;-r~~~~~ fr~h~ I Format and 5.4.1.1 to 5A 1.3. The recommended number of I Content I pages for the description of the approach, i
! methodology and work plan has also been indicated. A page is considered to be one printed side of A4 or letter size paper.
i I
i I I I
~----I----------~T 1
5.4.1.1
I
5.4.1.2
.--------.---.--~----~ The Technical Proposal should include. Brief description of the Service Providers'
i organization (approximately 2 Pages) and an I outline of the required experience. Information on
required turnover, number of employees, branch offices etc. as required in Section III Evaluation and Qualification Criteria.
For each assignment, the outline should indicate the duration of the assignment, contract amount,
I and Service Provider's involvement. Information I should be provided only for those assignments for
which the Service Provider was legally contracted by the client as a Service Provider.
Service Providers should be prepared I substantiate the claimed experience if I requested by the Rajasthan Samwad.
I to I so
Comments and suggestions on the Terms of Reference including workable suggestions that could improve the quality! effectiveness of the assignment. (Form TECH-3 of$ection IV).
/ I L-_-L.. ____ --L-__ ...L... __ . __ ~~. ___ ~,L/------J
/ 19 ",/
/' IV
t J rJ I
/
i------------T§-4-1-3TA--aescription-oTiiie-approach:-meiii-odolOgyan-cn I . .. i work plan for performing the assignment covering I
i the following subjects: technical approach and I I methodology. work plan, and organisation and I I staffing schedule. Guidance on the content of this I
, i Section of the Technical Proposal is provided I,
i! i i under Form TECH-4 of Section IV. i L_~_~ ____ L_~_. ___ "_.,~" ____ ~ ___ ._._~"_"_".l ____ ._~ ____ -----------.,-------... --------J . I [ 5.4.2 I The Technical Proposal shall not include any i
! I financial information. A Technical Proposal I
I i containing financial information may be declared I I Iii as non-responsive. i iii ! i 1-------/-;-·-·-------·-·--1---·-----"----------------------------------------1 [5.5 I Financial , 5.5.1 I The Financial Proposal shall be prepared using the I ! I Proposal ,[I ! attached Bidding Forms. [Section IV, Bidding I'
i I I I Forms]. The Bid Price shall be inclusive of all costs I I i I associated with the assignment. All activities and I I I I items described in the TOR.
r5T--11'~~~~~~f~n~-1-5. 6T--T~~e ~~~~;~~e~r:~~~se :~;fr~~;~~al:!~:~U~~~e~~-1 I ' Payments I I and all payments shall be made in Indian Rupees. I ~-----+----- ----L-----~----·-------------·------·--------·-----I
5.7 i Taxes 15.7.1 I The Service Provider is responsible for meeting all I
I I tax liabilities, including toll tax, arising out of the I iii Contract, except service tax which shall be paid
~--
I 1 extra by Rajasthan Samwad. -----;----,----,--1
'I' Period of i 5.8.1 The Service Providers' Proposals must remain validity of Bid I I valid for 90 Days after the last date of submission
of Proposals. A Bid valid for a shorter period shall I be rejected by the Rajasthan Samwad as non- I responsive_ The Rajasthan Samwad will make its I best effort to complete evaluation and award the I Contract within this period_
1-------15.8.2 lin exceptional circumstances, prior to the I II' I I expiration of the Bid validity period, the Rajasthan II
1 I Samwad may request Bidders to extend the
II' I period of validity of their Bids. Bidders who do not I , agree have the right to refuse to extend the validity I
[I I I of their Proposals without losing their Bid Security. !
isJl I Bid Security I' 5.9.1 I The Bidder shall furnish as part of its Bid, a Bid I II' I I Security. The amount of Bid Security shall be i I Rupees Twenty Four Thousands, In case of Micro i I and Small Enterprises of Rajasthan it sllall be'
I I 0.5% of the Bid amount, Le, Rupees Six
L. .. _._ .J___ _______ ,, ___ J~~~~~a~'D:~~~~~~f I~J~tr~;_s:~~ve~~~:~~~J 20
f---i----~- ··----~r---l Raj';;stllan-iri--rei;-a-rdiS-attachecrwit.STheBI-c{---l I I, ,;:I ,
i i ! i i 1-------1 ------------rS. 92---1The -8 id-Securliy-may be--gTven- i n-lheformof-;;-1
I I banker's Cheque or demand draft or bank I I I guarantee of a Scheduled Bank in India, in \ ! I specified format inciuded in Section IV [Bidding I
----1----- __ ' __ Ii_~___l~~r~~l____ __ -.----.-----------.----.-- --------~~-i [1-' 5.9_3 ! Instrument of Bid Security shall necessarily!
i I I accompany the Technical Bid. Any Technical Bid I
"
[I 'I! not accompanied by Bid Security shall be liable to I i be rejected _ I
I I I I I !------............. ,-.. -,.-,.---,---.,~,--.,-"-i--~- ".-"'-----.~.-"--"----,---.----.. -~-.-.---.----"---.-"~"l 'I 1 5 9 4 I Bid Security of a Bidder lying with the Rajasthan !
I i -. I Samwad in respect of other Bids awaiting decision i
.",
i shall not be adjusted towards Bid Security for this I i Bid_ The Bid Security originally deposited may, i
I
I however be taken into consideration in case Bids I are re-invited_ I
---·-t'---- 5.9_5, The bank guarantee presented as Bid Security , I shall be got confirmed from the concerned issuing
I bank. However, the confirmation of the I acceptability of a proposed issuer or of any I proposed confirmer does not preclude the I Rajasthan Samwad from rejecting the Bid Security
I
L-.
I on the ground that the issuer or the confirmer, as the case may be, has become insolvent or is under liquidation or has otherwise ceased to be creditworthy_
------15.9.6 -- The Bid Security of unsuccessfuTBidders-shall be , refunded soon after final acceptance of successful . I Bid and signing of Contract Agreement and I submitting Performance Security by successful I Bidder.
---'~--
I
The Bid Security taken from a Bidder shall be forfeited in the following cases, namely:-
i. when the Bidder withdraws or modifies his Bid after opening of Bids; or
ii. when the selected Bidder does not execute the Contract agreement after issue of letter of acceptance of its Proposal within the specified time period; or
___ II iii. when the selected Bidder does not deposit the _ Performance Security; in the speCified time limit I
21
'1-----------'-~~ "-'-""-afteriS:sl;eoT-th~~lettei'-oracc-epianc-eOfii;31
, Proposal; or [
i[l, I iv, when the Bidder fails to commence the Services I , within the time limit specified; or i I' j I I I v, if the Bidder breaches any provision of the Code i
I I I! of Integrity prescribed for Bidders in the Act and!
II I I I g"Bapter VI of the Rules or as specified in these I
.-.~-,-.-L-~_-__ -,-.. ----h---,-----,L---- , ' , , --~ i i 5,9,8 I In case of the successful bidder, the amount of ! I ! I Bid Security may be adjusted in arriving at the I
I I I I amount of the Performance Security, or refunded if '
,I ! I the successful bidder furnishes the full amount of I I II I Performance Security, No interest will be paid by I I I the Rajasthan Samwad on the amount of Bid
I I __ J I Security
f i 5,9,9 The Rajasthan Samwad shall promptly refund the I Bid Security of a Bidder at the earliest of any of , the following events, namely:-
'I i. the expiry of validity of Bid Security;
ii, the agreement for procurement is signed and , Performance Security is furnished by the
successful Bidder;
iii. the cancellation of the procurement process; or
I" iv, the withdrawal of Bid prior to the deadline for presenting Bids,
F' ~--1'-=----'--~-~'-::""'-=~C'--+-=---=;;--:---:---:---:-;;:-:-------C:--7' :::::---;---:-;:---c--,-,5,10 Format and 5,10,1 The Technical and Financial Bids shall be typed
Signing of Bid I or written in ink and its all pages shall be signed I by the Bidder or a person duly authorised to sign I on behalf of the Bidder, This authorisation shall
I I consist of a written Power of Attorney or a II I resolution of the Board of Directors, as the case
may be and shall be attached to the Bid,
I All pages shall be serially numbered and properly I bound,
fsubmisSion, Receipt and Opening of Bids
6,1 Sealing and I 6,1,1 Bidders may -s"Cub:--m-:;'it--;Cth:--e""i-r -;:;B7id-'-s""'b-y-p-o-s--:-t-o-r'7b-y'-Ch-a-n""'d--1 Marking of I or directly dropped in the Bid Box, where Bids I provided,
I 16,1.2 I, TQe Bidder shall enclose the Technical Bid and the;
22
---- ---.---T-····----.-r---T:~~;5r~~~i~;~~~~~~~p~~~~;~~~~~!~;:~1f~fJl I Security shall be enclosed in third envelope or they i I may be placed in the envelope containing I I Technical Bid. These envelopes containing the I i Technical Bid and the Financial Bid and proof of I
, I I payment of price of Bidding Document and Bid i i! ! i Security shall then be enclosed in one single I' I I I I iii , outer envelope_ I
~---~--------j----------1-----. ----------------------------.----~ ! I I 6.1_3 I The mner and outer envelopes shall- , I I I I (a) bear the name and complete address along I ! I I I with telephonei mobile number of Bidder; I
I I I (b) bear complete address of the Rajasthan i I .\ I Samwad with telephone number, I I' I I (c) bear the specific identification of the bidding 'I
, I I process pursuant to Notice Inviting Bids; I I I (d) The outer envelope and the inner envelopes I'
I I. I containing the Technical Bids shall bear a
I, I ! warning not to be opened before the time I
II I and date for the opening of Technical Bids, I
I, as specified in Notice Inviting Bids_ , I (e) The inner envelopes containing the Financial II
1 I I Bids shall bear a warnmg not to be opened
I[ I _ ' responsibility about its consequences including I-::-::--- misplacement and premature opening of the Bid_
'6.2 l Deadline for I' 6.2_1 I Bids shall be received, by the person deSignated ! Submission of I for the purpose by the Rajasthan Samwad or
Bids I directly dropped in the Bid Box, if provided, at the I
II place and upto the time and date specified in the!
I ,I Notice I nviting Bids or an extension issued, I thereof.
--+- 1
6_2
_2
'I ~~de t~a~j~~;~~~ ;f~:r~~~ ~::~II~~\O~O~~~d~~s~~~ ! II I· of Bids, Such Bids shall be declared late, rejected, I , I I and returned unopened to the Bidder. ,
1-=_3 I Withdrawal, 6.3.1--[ABidder may withdraw, substitute or modify its Bid I F Substitution 1 after it has been submitted by submitting a written I 1 and I Withdrawali Substitutionsi Modifications etc, notice I Modification 'I duly signed by the Bidder or his authorised I lOf Bids j' representative, and shall include a copy of the
I_______ ___________ L___ ~~~~~:~~~~n~Th~Od~ff~~~~60~i~~he w~i~dr;~~i I ?' __ J
1- --~-- ·······---!---~-racconipanythe--iespeci,.ve--vifrTiteli- Notice~-7.\ITi
i Notices must be:
! I I ,I i r-l---~------ I 6.3,2
I I I I I I ~' I I t --'--'---hl33
I i submitted in accordance with ITB Sub- i Clauses 5.10 [Formal and Signing of Bid] i and 6.1 [Sealing and Marking of Bids], the I.
respective inner and outer envelopes shall II' be clearly marked " VVITHDRAWAL";, "SUBSTITUTION", or "MODIFICATION" i and I
ii. received by the Rajasthan Samwad prior to 'I
the deadline specified by the Procuring Entity for submission of Bids in accordance I with ITB Sub-Clause 6.2 [Deadline for i
I Submission of Bids]. i ! \ I All notices must be received by the RaJ'asthan I , !
! Samwad prior to the deadline specified for I II submission of Bids in accordance with ITB SUb-I' , Clause 6.2 [Deadline for Submission of Bids]. I I - -.-I I No Bid shall be withdrawn, substituted or modified I
I, in the interval between the deadline for submission '
of the Bid and the expiration of the period of Bid I validity specified in ITB Clause 5.8 [Period of I Validity of Bids] or any extension thereof. J I' Bid Proposals that are withdrawn in accordance I
with ITB Sub- Clause 6.3,1 [Withdrawal of Bids] I shall be returned unopened to the Bidders,
L----j;:~ 164 Bid Opening 6.4.1 The Technical Bids shall be opened by the Bids I ' opening committee constituted by the Rajasthan
!
' Samwad at 3,00 PM of 07/03/2019 at the office of I Rajasthan Samwad, Department of I nformation I and Public Relations Campus, Government' Secretariat, Jaipur in the presence of the Bidders I
L I or their authorised representatives, who choose to
l' be present. I
- --------l'I',-6C-4~2---lI'-oT=h-e--=B'~id-S--o-p-en-ci-ng- committee may co-optl experienced persons in the committee to conduct I
~ ___ I 1,643 I the process of Bid opening, ___ I I 11 I All outer envelopes and inner envelopes containing I
l '1'1'1 'I, I Technical Bids shall be signed with date by the
'I members of the committee in token of verification . of the fact that they are sealed, and then opened, I The envelopes shall be numbered as a/n, where 'a' I
denotes the serial number at which the Bid,
24
......-.- . ·····r·······- ····TElnvelope-h·as··been·taken··f(lr-Openinfj·ci·nd ·-;;:rj i denotes the total number of Bids received upto I
I i deadline of submission of Bids. ! iii I i 1····--·r··-··-··-···j6~4 4 ··-TTheRnanciaTBidswTiT·iJ8-heidincustodToTthe·\
I I I Procuring Entity and shall be kept unopened until I,
'I I I the time of opening of the Financial Bids. The date, I
. ',' time, and location of opening of the Financial Bids I' i
Ii, shall be intimated to the bidders who are found I I; qualified by tile Rajasthan Samwad III evaluation 'I
I I : I of their Teohnlcal Bids I ,- _·_"'+··_--'_·-----1-···-- .. ,--------.----. --- .. _-j I 645 I The Bids opening committee shall prepare a list of I I 1[' II I the Bidders or their representatives attending the I I, I i opening of Bids and obtain their signatures on the i I I I I same. The list shall also contain the I I I I representative's name and telephone number and I
I I corresponding Bidders' names and addresses. The I I I authority letters brought by the representatives '\' 'I I I shall be attached to the list. The list shall be signed . I by all the members of Bids opening committee with ,
1
_.. I I date andtime of opening of the BidS.. I -r-- I 646 I First, envelopes marked as "WITHDRAWAL" shall I
I 1
"11 " I be opened, read out. and recorded and the
I I I' envelope containing the corresponding Technical , I Bid shall not be opened, but returned to the Bidder.
I' , No Bid shall be permitted to be withdrawn unless
I
I I
I ~ __ ....L __
I the corresponding withdrawal notice contains a i valid authorisation to request the withdrawal and is
I· readout and recorded at Bid opening. If the
withdrawal notice is not accompanied by the valid " authorisation, the withdrawal shall not be permitted
and the corresponding Bid shall be opened.
I Next, envelopes marked as "SUBSTITUTION" shall be opened. The inner envelopes containing I
the Substitution Technical Bid andl or Substitution Financial Bid shall be exchanged for the
'1 corresponding envelopes being substituted, which are to be returned to the Bidder unopened. Only the Substitution Technical Bid, if any, shall be I
I opened, read out, and recorded. Substitution I
Financial Bids will remain unopened in accordance 'I with ITB Sub-Clause 6.4.4. No Bid shall be , substituted unless the corresponding substitution
I notice contains a valid authorisation to request the substitution and is read out and recorded at Bid
. i opening. . .~ __ L . .._._ .. __ -..J
......... - .... - ............. ··-····--·-·-·-T~·-·-·-··-··T-·-~··--·········-··---·--···-·--·-··---·~-·-c·--~------·--·---···--: I Outer envelopes marked as "MODIFICATION" I I I shall be opened thereafter. No Technical Bid and! I ! i or Financial Bid shall be modified unless the i
I corresponding modification notice contains a valid I I authorisation to request the modification and is I I read out and recorded at opening of Technical I
I Bids. Only the Technical Bids, both Original as well i as Modification, are to be opened, read out, and I
I recorded at the opening .. Financial Bids, both I I Onglnal as well as Modification, will remain [ I unopened in accordance with iTB Sub-Clause I I 6.4.4. i
----l- ··--·-----~6AT-+AiI otherenveio-pes containing tEe Technical BidS·-1 I shall be opened one at a time and the following I read out and recorded-
I i. the name of the Bidder;
II
ii. whether there is a modification or substitution;
iii. whether proof of payment of Bid Security or Bid Securing Declaration and payment of price of the Bidding Document have been enclosed;
iv. any other details as the Bids opening committee may consider appropriate.
After all the Bids have been opened, they shall be initialled and dated on the first page and other important papers of the each Bid by the members of the Bids opening committee.
I-~I·---·--j--·--·---·-+::::-~·· -.----.~ 6.4.8 Only Technical Bids shall be read out and I I recorded at the bid opening and shall be I I considered for evaluation. No Bid shall be rejected
i at the time of opening of Technical Bids except i that not accompanied with the proof of payment of I the required price of Bidding Document,
6.4.9
I processing fee and Bid Security.
I The Bids opening committee shall- prepare a I I record of opening of Technical Bids that shall II
I include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, I modification, any conditions put by Bidder and the I presence or absence of the price of Bidding I Document and Bid Security. The Bidders or their I representatives, who are present, shall sign the I record. The members of the Bids opening
26
"--"·--·--"'T"""--'"'·-·'-'-"~"-···"--T--·"~-·-"~·"··"""---"~--.,.'-"--~-.----.""'-'-'---'----~""'-~"'-.--,.'"-"'~-~-... ! i committee shall also sign the record with date.
~,,_,,"_ ... __ "_~ .... I_,_._~_. __ . ___ ,_ .. " __ ." __ . __ 1,. __ ,.~, _____ .. _, .... ,.j. __ ~_~ ... ,," ___ .. _~_~,_._ ..... " .. __ , __ ~ .. ___ ~ __ ". ___ .. ___ "._" ______ ~_ .. _~ __ ", _____ ,_",J ! I I. 6.4.'10 I After completion of the evaluation of the Technical i
I
i ! Bids, the Rajasthan Samwad shall invite Bidders: ! ! who have submitted substantially responsive i
'I Technical Bids and who have been determined as i
II being qualified to attend the electronic opening of I
the Financial Bids. The dale, time, and location of " ! the opening of Financial Bids will be intimated to i
. i them in writing! e-mail by the Rajasthan Samwad. I i i !
·~r6~4T1··t~~~~~!aj:~~ln\V~~~w~~~~~f~~ln~:~~ ~~~~e~e~~1 I~,_ .. -
I
I..-.Ji--
, ' I
i rejected on the grounds of being substantially non- i
"
responsive or not qualified in accordance with the Ii
I ---1 requirements of the .. Bidding Do~"ument. __ .. I
i 6.4.12 I The Bids opening committee shall conduct the I I, 'opening of Financial Bids of all Bidders who I
submitted substantially responsive Technical Bids I I and have qualified in evaluation of Technical Bids, I " I in the presence of Bidders or their representatives I
who choose to be present at the address, date and time specified by the Rajasthan Samwad.
I ~-~-------T7"'~~~~'-----~7~~~=---~~~~~'
! 6.4.13 All covers containing the Financial Bids shall be I opened one at a time and the following read out' and recorded-L the name of the Bidder:
iL whether there is a modification or substitution:
iii. the Bid Prices;
iv. any other details as the Bids opening committee may consider appropriate.
i After all the Bids have been opened, they shall be I
i initialed and dated on the first page of the each Bid by the members of the Bids opening committee. All the pages of the Price Schedule and letters, Bill of , Quantities attached shall be initialed and dated by i
I the members of the committee. Key information such as prices, etc. shall be encircled and unfilled spaces in the Bids shall be marked and Signed I
, I with date by the members of the Bids opening ,. J' I committee. Alterations! corrections! additions! over-writings shall also be signed to make it clear I
I that such alteration, etc. w. ere existing in the Bid at Ii
L- __ ..-L __ ._ __~e time of openin~. ,
27
·--c------ ·-r~'34i4-crThe-8Tds--ope.1ing--c-om-mitteeShail--p;epare-a-1
i I record of opening of Financial Bids that shall I I include as a minimum the name of the Bidder and i I whether there is a withdrawal, substitution, or! [modification, the Bid Price and any conditions put i i by the Bidder, The Bidders or their representatives, !
'I I
'I ,who are present, shall sign the record, The I , I I members of the Bids opening committee shall also I
! i I I sign the record With date, I L __ c_' _______ ,, __ 1 __ , I , ___ c __ " __ , __ ,_._., ___ , __________ ,_J I 7, Evaluation and Comparison of Bids I i \ i-,-,---c,--,--_' ___ T'_c _____ r.=-_'c __ c __ 'c _____ c __ .c ___ ,----,--, __ , ___ -{ I 7,1 I Confidentiality I 7.1,1 ! From the time the Proposals are opened to the i I, I .', time the Contract is awarded, the Service I I! [ ,
I I I Providers should not contact the Rajasthan I . I Samwad on any matter related to its Technical
'I' andl or Financial Proposal. Any effort by Service I,
Providers to influence the Rajasthan Samwad or I ! GOR in the examination, evaluation, ranking of I i Proposals, and recommendation for award, of I i Contract may result In the rejectIOn of the Service I Providers' ProposaL I I I I Notwithstanding the above prOVISions, from the I
I' time of the Proposals' opening to the time of'
Contract award publication, if a Service Provider , wishes to contact the Rajasthan Samwad on any
I matter related to the selection process, it should do
, so only in writing,
II While evaluating the Proposals, the Rajasthan I
I
Samwad will conduct the evaluation solely on the I basis of the submitted Technical and Financial I
J--c-c-,t-c
-c
~~~~~:_~~sif ys~~~r~~entation 9iV~~~~ TeCh~c,call ' 7.2 I Clarification of I 721 To assist in the examination, evaluation,
I Technical or , comparison and qualification of the Technical or 'I
. Financial Bids I I Financial Bids, the Bid evaluation committee may,
I II I, at its discretion, ask any Bidder for a clarification I
I I regarding his Bid, The committee's request for
Iii ' clarification and the response of the Bidder shall
J ,I be in writing, i-c--' _,c __ c_.,,_,L __ ,c-i-. , __ ,_,_"_,.,c_" __ ,_,,_,c __ ,,,,_,,, __ c,_, __ 'I I I 7,2.2 ! Any clarification submitted by a Bidder with regard 'I
I I to his Bid that is not in response to a request by I' I" the Bid evaluation committee shall not be, L 'I considered, I L -j-?,2,3 No change in the ,prices or substance of the Bid I
28
-'T-'--~--- ' ,-------~--rshailbe-s-oli911f()ffered:-o,:perl:n itted~~exceptto-l I confirm the correction of arithmetical errors I ! discovered by the Bid evaluation committee in the:
i i evaluation of the financial Bids, i ! "",I ,_ , , , " , , i
I------~II ----~-----i 7 i4-- :,, ' ~ro~~u~S~~~il~f~~i~~ngi~~i~]~a9"IT~~~~ogl~~n~-~:~tio~n Ii I
I I making an unqualified Bidder, qualified or an I I I I unresponsive submission, responsive shall be , I sought, offered or permitted, ! \
,-----' ---I'-,--,----c---c--------+-::c---- ---.I-,-------~-------------,-------- ------------,------,----------,---J
[' 7,3 Deviations, I 13,1 I During the evaluation of Technical or Financial
i Reservations I Bids, tile following definitions apply I and I
I Omissions in I i, "Deviation" is a departure from the requirements I I Technical or I specified in the Bidding Document; , I Financial Bids I' I ! ii, "Reservation" is the setting of limiting conditions II'
,
I" I or withholding from complete acceptance of the I
• requirements specified in the Bidding Document; I and !
I I iiI, "Omission" is the failure to submit part or all of I
I the information or documentation required in the Bidding Document
------------~----r- ' ,------- --- _~J 74 Correction of 7,4, 1 Provided that a Financial Bid is substantially
I Arithmetical responsive, the Bid evaluation committee shall I Errors in correct arithmetical errors during evaluation of I Financial Bids Financial Bid on the following basis: I I, if there is a discrepancy between the unit
II price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Procuring
i Entity there is an obvious misplacement of the 'I decimal point in the unit price, in which case the total price as quoted shall govern and the unit price
I shall be corrected;
ii, if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and
iiI, if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in
'---_-----1 __ ~ _______ -----1 ___ --"--,f""iiq ",u",re",s,-s",h.:::a",II_,p",re",v",a",ilc,:s""u",b)",'e",c::.t t",0:.c("-,-i),-,a",n",di.,.l(",ii),-,a,,,b::::o,-,v.;::e;.., ~_--'
29
r-'--""--'--'''-"'''I~---~-'''--'~'--'-~-'~- -·----·-~'"·-.. '-r·-'-'-·'·-·--·----··-···-~·"'·-·-"-·"~'-'--"'-"",,.-'.-'--~'-'-'~'-'---'"-'"-"----"-'~-""~-"---~
i The Bidder shall have to accept the arithmetical I I ,I corrections made as above. I ! ___ ._ 1 i,,~ """ ,I
I 75'1 ResponsiveneTYsT' I'Ttie-Rajasthail'samwacJ's' determTna'iloll";;f'lhe i I i 55 of I I responsiveness of a Technioal or Financial Bid is f
I I Technical or i I to be based on the contents of the Bid itself. I ,~",,~i[1.<t[1t::iflIJlid~17. 5 '2"iA'SLlbstantiaTIy-'resp';;nsive'T ech n i calor Financiad
iii Bid is one that meets without material deviation, i i reservation, or omission to all the terms, i
I conditions, and requirements of the Bidding i ! Document A material deviation, reservation, or I I omission is one that: I
17.5.3 ' I
, i
I (a) if accepted, would- I I i. affect in any substantial way the scope, I
I quality, or performance of the Services; or I I i
IiI. limits in any SUbstantial way, inconsistent II
with the Bidding Document .the Rajasthan , .
I Samwad's rights or ,the Bidder's obligations, I I under the proposed Contract; or
i (b) if rectified, would unfairly affect the competitive position of other Bidders presenting II
substantially responsive Bids.
Ilf a Technical or Financial Bid is not substantially
I responsive to the Bidding Document, it shall be I rejected by the Rajasthan Samwad and may not
I subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.
~aluation of 7.6.1 I 'v I T~chnical ! The Rajasthan Samwad's evaluation committee shall evaluate the Technical Proposals on the I basis of their responsiveness to the Terms of
'I Reference, applying the evaluation criteria, sub . criteria specified in Section II, I
i Proposals i
! Evaluators of Technical Proposals shall have no , II access to the Financial Proposals until the I
technical evaluation is concluded. I ._-"--_---1._ I
30
i---······-·T--~----T----revaiuatiOn-and-;;vol;k-order~be~ aV-larded to-th-eBidder-i : ill ,
I i I I who accepts the counter-offer. I
18. 4--+R3Jastharl~-i e-;rr-tTheRaTastharlS-a-mw8(rieservesTile-rigi1tto--acc-ePt1 I ! Samwad's I I or reject any Bid, and to annul the Bidding process I I I Right to 1 i and reject all Bids at any time prior to Contract II
I Accept Any I I award without assigning any reasons thereof and I I I Bid, and to. I without thereby incurring any liability to the Bidders. . i I Reject Any ! i f-- _ I or All Bids _ . _~ ___________ ._. _____ .. _____ . ______ . ______ .~ ___ I I 9. Award of Rate Contract I
1--- ______ ~--.----.-.-- .. -.-----.---.-------------_-----I I 9.1 1 Award of I 9.1.1 I After completing negotiations and clarifications and I I ·1· Rate ! prior to the expiration of the period of validity of the I I Contract I Proposal, the Rajasthan Samwad shall inform the I ! I i selected Service Provider in writing, by registered I
i I' post or email, that its Proposal ,has been accepted .. If ! I . the Issuance of formal letter or acceptance (LOA) IS i
I likely to take time, in the meanwhile a Letter of Intent 'I'
I (LOI) may be sent to the Service Provider. The , acceptance of an offer is complete as soon as the I
letter of acceptance or letter of intent is posted andl or sent by email to the address of the Service I
I Provider given in the Proposal.
In the written intimation of acceptance of its Proposal sent to the selected Service Provider, it shall also be
I asked to execute an agreement in the format given in i , the RFP on a non judicial stamp of requisite value at I
his cost and deposit the amount of Performance Security or a Performance Security Declaration, if applicable, within a period of 15 (fifteen) days from
I the date on which the LOA or LOI is despatched to I the selected Service Provider.
Rajasthan Samwad shall promptly notify all Service Providers who have submitted proposals about the acceptance of the selected offer and also place this information on the State Public Procurement Portal.
32
. i ----------------r9~T2-rif- the-Service-Pro,iider:-whose-glii-has--been-l ! I accepted, fails to sign a written procurement contract I
i or fails to furnish the required Performance Security I I or Performance Security Declaration within the 'I
I specified time period, the Rajasthan Samwad shall i
I take action against the successful Service Provider i I as per the provisions of the Act and the Rules. The 'I'
i Rajasthan Samwad may, in such case, cancel ihe , 'procurement process 01' if it deems fit, offer for i , .
I I acceptance the rates and conditions of selected i 'I' I I I Service Provider, to the Service Provider with next II
I I I i lowest responsive Proposal. !
l--I' -'---"+1'------- i 9T3-1-A R~t~-Contract shall be ~ntered for-pri~;~--;;ihlhel . I I I Bidder of lowest priced Bid without a commitment for I
I II I quantity, place and time of giving order for courier I ! I services. In the second stage work orders will be I i I given, as and when required, at the contracted prices I
I 9,1 A 'I Rate Contract may be entered with more than one , Bidder as parallel Rate Contract in the order of their
I I' standing in final evaluation, by giving them counter
I ,I offer of prices of the lowest bidder, in order to secure I I , prompt delivery of services,
I
Price Fall 9.1,5 Clause
I I Performance 9,2,1 Security
The prices under the Rate Contract shall be subject to price fall clause, If the Rate Contract holder quotes/ reduces its prices to render similar services at prices I lower than the Rate Contract prices to anyone in the I
I State at any time during the currency of the Rate I
I Contract, the Rate Contract prices shall be automatically reduced with effect from the date of , ,,'coieg oe q ",tieg low" pclOM, foe ,II "Ii"~ of the I services under that Rate Contract and the Rate
I Contract shall be amended accordingly. + Performance Security shall be solicited from the 'I
'I' selected Service Provider except the departments of the State Government and undertakings, i
I corporations, autonomous bodies, registered societies, co-operative societies which are owned, .controlled or managed by the State Government and I
I' 'undertakings of Central Government However, a 'I
I 1
Performance Security Declaration shall be taken from hm, !
l ' ' _.L-. ______ . __ ~I'_T'_'hc..=e amount of Performance Security shall b~_.!Lv~J
,
.--'------Tpe-rcent-ofthe a rn-OL!lltoTtfie-ContraciThec-urrencyl ! of Performance Security shall be Indian Rupees. I i ! i )
I The Service Provider shall deliver the Performance i I Secunty to the Procuring Erltlly within i 5 days after i
I i issue of the Letter of Award or Letter of intent I , I I I
"-"'-r--'-'-'---"-'----"".'"-------+-'"-""--"""'-"""-,-"--""-,---'"-,--"'"~"-.--,~-,-"-,-',".------, ... -"" .... -, .. ",.,1. I i 9.2.2 i Performance Security shall be furnished in one of the i
I !-i
I i I following forms I I I (a) Bank Draft or Banker's Cheque of a Scheduled I
I Bank in India; or I I (b) Bank guarantee It shall be in the form given in !
I
I I I
~.--+
I
I 9,3
I I Payments
I Section VI, Contract Forms, issued by a i I Scheduled Bank in India, I I I I Performance Security furnished in the form of Bank I I guarantee shall remain valid for a period of sixty days I ! beyond the date of completion of the services and all I
, I contractual obligations of the Service Provider under. i I the Contract. I
k3fForfeilure of Performance Security: the amount orl I I Perfonmance Security in full or part may be forfeited 'I
i ! in the following cases :-II' ! (a) when the Service Provider does not execute the I
I agreement in accordance with ITB Clause 9,1 I I I [Award of Contract] within the specified time; I
after issue of letter of acceptance of offer; or I
1 9.3.1
I
I (b) when the Service Provider fails to commence the I Services as per Letter of Award within the time I specified; or
(c) when the Service Provider fails to complete the Services satisfactorily within the time specified; or
(d) when any terms and conditions of the contract is breached; or
(e) if the Service Provider breaches any provision of the Code of Integrity prescribed for Bidders in the Act and Chapter VI of the Rules and ITB Clause I 2. I
Notice of reasonable time will be given in case of I forfeiture of Performance Security. The decision of the Rajasthan Samwad in this regard shall be final.
I All payments shall be made in Indian Rupees. I Payment will be made to the Service Provider on
I monthly basis on presenting invoice along with the I acknowledgements duly Signed and sealed issued by I I the consignees of the goods received by them during I I the month in good condition. ~
34
10. Redressal
procurement process
10.1.1 Any grievance a Provider pertaining to the procurement process shall be presented by way of filing an appeal in accordance with the provisions of Chapter III of the Act and Chapter VII of the Rules and as given in Appendix A to these ITC to the First or Second Appellate Authority. as the case may be. as specified below:
First Department of Government Jaipur-302005
Authority: The Information and Public of Rajasthan,
Secretary, Relations,
Secretariat
Second Appellate Authority: The Principal Secretary to the Government (Finance Department) Government of Rajasthan, Secretariat, Jaipur-
35
Appendix A: Grievance Handling Procurement Process (Appeals)
(1) Filing an appeal
Procedure during
If any Bidder or prospective Bidder is aggrieved that any decision, action or omission of the Procuring Entity is in contravention to the provisions of the Act or the Rules or the Guidelines issued thereunder, he may file an appeal to First or Second Appellate Authority, as the case may be, as may be designated for the purpose, within a period of ten days from the date of such decision, action, or omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful in terms of section 27 of the Act, the appeal may be filed only by a Bidder who has participated in procurement proceedings:
Provided further that in case a Procuring Entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a Bidder whose technical Bid is found to be acceptable,
(2) Appeal not to lie in certain cases
No appeal shall lie against any decision of the Procuring Entity relating to the following matters, namely:-
(a) determination of need of procurement; (b) provisions limiting participation of Bidders in the Bid process; (c) the decision of whether or not to enter into negotiations; (d) cancellation of a procurement process; (e) applicability of the provisions of confidentiality,
(3) Form of Appeal
(a) An appeal shall be in the annexed Form along with as many copies as there are respondents in the appeal,
36
(b) Every appeai shaH be accompanied by an order appeaied against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee < (c) Every appeal may be presented to First Appellate Authority or Second Appellate Authority< as the case may be< in person or through registered post or authorised representative<
(4) Fee for filing appeal
(a) Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable< (b) The fee shall be paid in the form of bank demand draft or banker's Cheque of a Scheduled Bank payable in the name of Appellate Authority concerned <
(5) Procedure for disposal of appeals
(a) The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing< (b) On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,-(i) hear all the parties to appeal present before him; and (ii) peruse or inspect documents, relevant records or copies thereof relating to the matter< (c) After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost (d) The order passed under sub-clause (c) above shall be placed on the State Public Procurement Portal,
37
Annexure FORM No.1 [See rule 83]
Memorandum of Appeal under the Rajasthan Transparency in Public Procurement Act, 2012
Appeal No . of .. Before the............ ..... (First! Seoond Appellate Authority) 1. Particulars of appellant: (i) Name of the appellant: (ii) Official address, if any: (iii) Residential address
2. Name and address of the respondent(s): 1. 2. 3.
3. Number and date of the order appealed against and name and designation of the officer / authority who passed the order (enclose copy), or a statement of a decision, action or omission of the Procuring Entity in contravention to the provisions of the Act by which the appellant is aggrieved:
4. If the Appellant proposes to be represented by a representative, the name and postal address of the representative:
5. Number of affidavits and documents enclosed with the appeal:
6.Grounds of appeal:
........................... (Supported by an affidavit)
7. Prayer:
Place .. ' .........
Date ............ .
Appellant's Signature
38
Section II Evaluation and Qualification Criteria
39
Section II: Evaluation and Qualification riteria
A. Qualification Criteria
i. The Bidder must be a registered entity in India as a proprietorship! partnersllip firm or a private limited or a public limited company under lhe Indian Companies, 1956,
II, The Bidder must not have been debarred by the State Government or DIPR! Rajasthan Samwad or blacklisted by any other procuring entity.
IIi. The Bidder must be in the field of providing courier services to Government Departments! Public Sector Enterprises! reputed public! private limited companies for atleast preceding 03 years.
IV. The Bidder must have an average annual turnover of atleast Rupees 12 Lakh from courier services in last three financial years, i.e. years 2015-16,2016-17 and 2017-18. If the accounts of financial year 2016-17 have not been audited as yet, a certificate of the statutory auditor regarding turnover of the firm may be obtained.
V. The Bidder must have an office in Jaipur. If the firm does not have an office in Jaipur, it will have to open a local office in Jaipur if its Bid is accepted for Rate Contract
VI. The Bidder must have a dedicated team of experienced personnel who can do packing of the materials to be couriered as required and deliver them safely at right places.
VII. The Bidder must have PAN number issued by Income Tax Department and service tax number issued by Central Excise Department
B. Evaluation Criteria
The Financial Bids of only those Bidders will be opened who qualify in evaluation of
their Technical Bids.The successful Bidder will be one who fully agrees to comply
with all the terms and conditions of this RFP without any omission, deviation and
reservation and possesses the required qualifications and experience and whose
financial bid is evaluated as the lowest by Rajasthan Samwad.
40
Section III Terms of Reference
41
Section ill: Terms of RE'fferen
1, Background
1,1 Department of information & Public Relations (DIPR) acts as an important channel between the State Government and the people of the State and the Rajasthan Samwad is a self governed autonomous institution working as a part of it, registered as a society under the Societies Registration Act, 1958, The Rajasthan Samwad came into existence by State gazette notification dated 2 February, 2002 with its registered office at Department of Information and Public Relations campus, Government Secretariat, JaipuL
1.2 The Rajasthan Samwad is constantly working towards the dissemination of information to the people in regard to policies, public welfare decisions, schemes of the State Government The main responsibility of the Rajasthan Samwad is to publicize these schemes to ensure that maximum people are able to avail the optimum benefits of these schemes.
1.3 Therefore, 01 PR and Rajasthan Samwad get printed various books, folders, publicity materials etc. and monthly journal "Rajasthan Sujas" conveying massages of State Government's welfare schemes, programmes, and policies to the public.
1.4 These books, folders, journals, publicity materials, invitation cards etc. are sent from time to time to the officersl offices and others at various places in Rajasthan including Jaipur. Materials are also sent outside Rajasthan to places like Delhi, Mumbai, Kolkata and others.
2. Objectives and Scope of Work
2.1 The objective and Scope of the Work is to provide courier services for delivering various books, folders, journals, publicity materials, invitation cards etc. to the officersl offices and others at various places in Rajasthan including Jaipur and outside Rajasthan to Delhi, Mumbai, Kolkata and other places.
2.2 These materials, which vary in weight from less than a kilogram to quintals, have to be properly packed and transported and delivered at the points of destination safely and securely without causing any damage, loss, spoil etc. in transit.
2.3 The approximate value of the services to be procured is about Rs. 12 Lakh but as the invitation to bids is for a Rate Contract and the contract is for the rates only, therefore, Rajasthan Samwad does not make any commitment for the value of services to be procured. A Rate Contract shall be entered, for prices without a commitment for quantity, place and time of courier services to be rendered.
42
in the second stage work orders will be given for courier services, as and when needed, at the contracted prices for packing, loading, transporting, payment of toll tax enroute, unloading, stacking and delivery of given materials at the specified places to the designated persons! offices, The Service Provider or his authorised person will be informed by mobile! telephonel SMSi email as and when the courier services are required by Rajasthan Samwadl DIPR, The Service Provider or his authorised person shall have to report to the office of Rajasthan Samwad! DIPR within one hour of the call,
2.5 If lhe service provider fails to carry out the given order of courier or delays the delivery of the couriered articles or fails to perform the courier services to the satisfaction of Rajasthan Samwadl DI PR, Rajasthan Samwad will be at liberty to terminate the Rate Contract and award the contract for the remaining period to any other agency at the risk and cost of the original Service Provider from whom the excess cost will be recovered,
2.6 The Rate Contract may be done with more than one Bidder as parallel Rate Contracts at the same prices and terms and conditions, If the Rajasthan Samwad does not procure any Services or procures less than the tentative quantity of Services specified in the Bidding Document due to any reason, the Bidders shall not be entitled for any claim or compensation.
3. Deliverables and Payments
3.1 All payments shall be made in Indian Rupees. Payment will be made to the Service Provider on monthly basis on presenting invoice based on contract rates and terms and conditions along with the acknowledgements duly signed and sealed issued by the consignees of the goods received by them during the month in good condition.
3.2 The monthly invoices shall be verified by the concerned officer of the respective section of Rajasthan Samwadl 01 PR or a committee constituted for this purpose.
4. Duration of Rate Contract
4.1 The period of the Rate Contract is 12 months which may be extended by Rajasthan Samwad for a further period of 3 months on same prices and terms and conditions under Rule 29(2)(i) of RTPP Rules.
43
Section IV : Bidding Forms
44
Technical Proposal (Bid)
45
TECHNICAL r'ROP()St,L SU8111HSSION FORM
To
The Managing Director, Rajasthan Samwad,
(all letter the Bidder)
Department of Information and Public Relations Campus, Government Secretariat, Jaipur-302 005
Dear Sirs,
{Location, Date}
We, the undersigned, offer to provide the courier services on Rate Contract for delivering printed materials, etc, at various places in Rajasthan and outside in accordance with your Request for Proposals No, [Insert Number] dated [Insert Date], We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal in a separate cover,
We hereby declare that:
(a) All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Rajasthan Samwad and action may be taken against us under the provisions of the Rajasthan Transparency in Public Procurement Act, 2012 (the Act) and Rajasthan Transparency in Public Procurement Rules, 2013 (the Rules);
(b) Our Proposal shall be valid and remain binding upon us for the required period of 90 Days;
(c) We declare that we have complied with the and shall continue to comply with the provisions of Code of Integrity contained in the Act, Rules and the RFP Document in competing for and in execution of the Contract and that we have no conflict of interest as stated in the RFP Document;
(d) We meet the Eligibility and Qualification criteria as required in the RFP Document;
(e) We are in full agreement with all the terms and conditions of the RFP as stated in the RFP Document without any reservation, deviation or omission;
(f) Our Proposal is binding upon us and subject to any modifications resulting from the negotiations, if any;
46
(g) If OUl' Bid is accepted, we commit to obtain 8 Performance Security in the amount of five percent of the Contract Price or shall submit the Pelformance Security Deciaration, as the case may be, for lhe due performance of the Contract;
(h) We are not participating, 8S Bidder in more than one Bid for in this bidding process;
courier services
(i) Our firm, its affiliates or subsidiaries, including any subcontractol's or suppliers for any part of the Contract have not been debarred by the State Government or the Rajasthan Samwad or a regulatory authority under any applicable law;
U) We agree to permit Government of Rajasthan or the Rajasthan Samwad or their representatives to inspect our accounts and records and other documents relating to the bid submission and to have them audited by auditors appointed by them;
(k) We understand that this Bid, together with your written acceptance thereof included in your notification of award, if issued, shall constitute a binding contract between us, until a formal Contract is prepared and executed;
(I) We understand that the Rajasthan Samwad is not bound to accept any Proposal that it receives and may reject any or all proposals,
We remain,
Yours sincerely,
Authorized Signature {In full and initials}: _____________ _
Name and Title of Signatory:
Name of Bidder (firm's/ company's name): ____________ _
I n the capacity of:
Address:
Contact information (Landline and mobile phone numbers and e-mail):
47
SERVICE PROVIDER'S ORGANIZATION AND EXIPEFtlEr~CE
Form TECH-2: a brief description of the Service Provider's organization and an outline of the recent experience of the Service Provider that is most relevant to the assignment. For each assignment, the outline should indicate the duration of the assignment, the contract amount (total and, if ii was done in a form of a joint venture or a sub- Service Provider, the amount paid to the Service Provider), and the Service Provider's rolel involvement.
A - Service Provider's Organization
1, Bidder's Details
Fill in the required details in following Table:-
Name of Firm
Name of Contact Person with Designation
Registered Office Address
Local Office Address of the Firm
Type of Firm Put Tick( " ) mark
Telephone Number(s)
Public Limited Private Limited
Propri Partnership
etary
...... -.................... +... ............................ ..... ..... ..... ............ . ... . ... --.. Email Address/ Web Site Email:
Web Site:
Fax No,
Mobile Number Mobile: ,,-,-, .. ,. -- -----Service Tax Registration No,
PAN number
48
2. Provide here a brief description of the background and organization of your companyl firm. Include organizational chart, a list of Board of Directorst Partners and beneficial ownership, if any.
3. Provide dates of registration of the companyl organization and commencement of business. The Bidder should be registered for providing courier services and must be in the field of providing courier services for aUeast past three years.
(Enclose self attested copies of cetiificates of registralion! incorporation of the company/ organization, commencement of business, Memorandum of Association etc)
4. Provide figures of financial turnover of the Firm from providing courier services for preceding three financial years (Financial years 2015-16, 2016-17 and 2017-18). The average annual turnover of the Firm should be not less than Rupees 12 lakh.
Enclose copies of audited statements of accollnts for the financial years 2015-16, 2016-17 and 2017-18.
5. The firm should be registered for service tax and income tax. (Enclose copies of service tax registration certificate issued by Central Excise Depal1ment and PAN card issued by Income Tax Department.)
10. Enclose s declaration that the Firm is no! debarred or black listed by DIPR, Rajasthan Samwad or any procuring entity in Rajasthan.
B - Service Provider's Experience
49
List in the following format only those assignments for which the Bidder was legally contracted by the Client as a Bidder. The Bidder should substantiate the claimed experience by attaching copies of the contracts.
Summary sheet for the most relevant assignments in the following format:
.. u.,,~ or me ".~ IIm0 • ~,,~~ I' . v ....... ... vu ... or
assigl .. ,> \ auuo ,,~'" and Contact to ...... ) and amount of ,~ . I"""" ave m
NI the contract 'n , I
(Form TECH-3)
50
COMMENTS AND SUGGESTIONS ON THE TERMS OF AND
TO BE PROVIDED BY THE RAJASTHAN SAMWAD
Form TECH-3: comments and suggestions on the Terms of Reference that could improve the quaiityl effectiveness of the assignment
51
DESCRiPTiON OF ApPROACH, METHODOLOGY, AND WORK PLAN IN RESPONDING TO THE
TERMS OF REFERENCE
Form TECH-4 a description of the approach, methodology and work plan for performing the assignment, including a detailed description of the proposed methodology.
a) Technical Approach and Methodology. {Please explain your understanding of the objectives of the assignment as outlined in lhe Terms of Reference (TOR), the technical approach and the methodology you would adopt for implementing the tasks to deliver the expected outputs, and the degree of detail of such output. Please do not repeat! copy the TOR here.}
b) Work Plan. {Please outline the plan for the implementation of the main activities! tasks of the assignment. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan}.
c) Organization and Staffing. {Please describe the structure and composition of your team and logistics}.
52
FORM I-nrm of Bid Security
[To be issued by a Scheduled Bank in India and must be duly stamped]
[insert Bank's Name, and Address of Issuing Branch or Office]
Beneficiary:
Managing Director, Rajasthan Samwad, Department of Information and Public Relations Office Campus, Government Secretariat, Jaipur-302 005
Date: [insert date]
GUARANTEE No.: [insert number]
We have been informed that [insert name of the Service Provider] (hereinafter called "the Service Provider") has submitted to you its Proposal dated [insert date] (hereinafter called "the Proposal") for providing courier services on Rate Contract for delivering printed materials, etc. at various places in Rajasthan and outside under Request for Proposals No. [insert RFP number] ("the RFP").
Furthermore, we understand that, according to your conditions, Proposals must be supported by a Bid Security.
At the request of the Service Provider, we [insert name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [insert amount in figures][insert amount in words] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Service Provider is in breach of its obligation(s) under the Proposal conditions, because the Service Provider:
(a) has withdrawn its Proposal during the period of Proposal validity specified by the Service Provider in the Form of Proposal; or
(b) having been notified of the acceptance of its Proposal by the Rajasthan Samwad, Jaipur during the period of Proposal validity,
(i) fails or refuses to execute the Contract Agreemnet, (iI) fails or refuses to furnish the performance security, in accordance with the
Instructions to Bidders (ITB), (iii) does not accept the correction of arithmetical errors in the Financial Bid in
accordance with the ITB, or (iv) breaches any provision of the Code of Integrity specified in ITB;
This guarantee will expire: (a) if the Service Provider is the successful Service Provider, upon our receipt of copies of the contract signed the Service Provider
and the performance security issued to you upon the instruction of the Service Provider; and (b) if the Service Provider is not the successful Service Provider, upon the earlier of (i) our receipt of a copy of your notification that the successful Service Provider has signed the contract and furnished tile performance security; or (ii) thirty days after the expiration of the validity period of the Service Provider's Proposal
Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date,
The Guarantor has power to issue this guarantee and discharge the obligations contemplated herein, and the undersigned is duly authorised to execute this Guarantee pursuant to the power granted under ______ _
Name
In the capacity of __ _
Signed ________________________________________ __
Duly authorized to sign the Bid Security for and on behalf of ________ _
Oate _____________________________________________________ __
Bank's Seal _______________________________________________ _
54
FORM Bidder in compliance Section 7 11 of
.Act
Declaration by the Bidder
In relation to our Proposal submitted to the Managing Director, Rajasthan Samwad, Department of Information and Public Relations Campus, Government Secretariat, Jaipur-302 005 for providing the courier services on Rate Contract for delivering printed materials, etc. at various places in Rajasthan and outside in response to tlleir Request for Proposal No. ......... Dated we hereby declare under Section 7 and 11 of the Rajasthan Transparency in Public Procurement Act, 2012, that; 1. We possess the necessary professional, technical, financial and managerial resources and competence required by the Bidding Document issued by the Rajasthan Samwad; 2. We have fulfilled our obligation to pay such of the taxes payable to the Central Government or the State Government or any local authority, as specified in the Bidding Document; 3. We are not insolvent, in receivership, bankrupt or being wound up, not have our affairs administered by a court or a judicial officer, not have our business activities suspended and are not the subject of legal proceedings for any of the foregoing reasons; 4. We do not have, and our directors and officers not have, been convicted of any criminal offence related to our professional conduct or the making of false statements or misrepresentations as to our qualifications to enter into a procurement contract within a period of three years preceding the commencement of this procurement process, or not have been otherwise disqualified pursuant to debarment proceedings; 5. We do not have a conflict of interest as specified in the Rajasthan Transparency in Public Procurement Act, the Rajasthan Transparency in Public Procurement Rules and this Bidding Document, which materially affects fair competition; 6. We have complied and shall continue to comply with the Code of Integrity as specified in the Rajasthan Transparency in Public Procurement Act, the Rajasthan Transparency in Public Procurement Rules and the Bidding Document, till completion of all our obligations under the Contract
Date: Place:
Signature of Bidder Name: Designation: Address:
55
FORM POWER ATTORNEY
(On Stamp paper appropriate value)
Know all men by these presents, We..... . ................. (narne and address of the registered office) do hereby constitute, appoint and authorise Mr j
Ms...... .................. . ...... (name and residential address) who is presently employed with us and holding the position of ............. as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our Proposal for providing courier services on Rate Contract for delivering printed materials, etc. various places in Rajasthan and outside including signing and submission of all documents and providing information! responses to Rajasthan Samwad in all matters in connection with our Application for the said Assignment.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us.
Dated this the Day of Accepted For .. " .... " ....... Name & signature (Name and designation of the person(s) signing on behalf of the Applicant)
56
FORM Format for seeking d<!rific<iticms
Name of the Bidder: Address: Telephone Nos.: Fax No: Mobile No: EmaillD:
Section No. - Corresponding Remarks of Clause No. - page no in the Particulars of the
Rajasthan Paragraph/Bullet RFP query i clarification
Sarnwad No. Docurnent
Authorized Signatory
Designation
[The queries have to be subrnitted through e-rnail in word docurnent (not a PDF) to Rajasthan Samwad latest by 7 Days before the last date of receipt of bids. The bidder should send the queries through official e-rnaillDs only.]
57
Financial Proposal (Bid)
58
FORM
FINANCIAL PROPOSAL SUBMISSION FORM
To
The Managing Director, Rajastlian Samwad, Department of Information and Public Relations Campus, Government Secretariat Jaipur-302 005
Dear Sirs,
'I We, the undersigned, offer to n«"nrl
\/anous
accordance with your Proposal, without any reservation and condition,
{IDeation, Date}
2HK! nU'!<~r< In
and our Technical
2, Having gone through this RFP document and having fully understood the scope of work and in full agreement with all the terms and conditions of the assignment as stated in tile RFP Document without any reservation, deviation or omission, we quote the following prices without any condition:-
'S,No, Area, Weight and Distance
, ,t\,_V\lit~i~~<li~IY!,LI£li<:,iJl<lIJ:j_lTIii~ 11yVeigQtLJjJl()_~0()J<:ilogr~rn_s __ """ '" _. ___ ._., .. _,._ 2 i Weight more than 500 Kilograms
3
4
5
6
7
i - - -- -- I _____ ~--,,-
i Weight more than 500 Kilograms (Maximum Rate i irrespective of Weight 1 J .. . ._______~_ ..
B. All Places i ll t\IlDistricts of Raj?l,tQan Weight upto 500 Kilograms and Distance upto 200 Kilometres
._-- .---~-----,., ,~ .. -.-,-" ,,--.,~,,-'''- ""----" ----" .. ,," Weight Upto 500 Kilograms and Distance more than 200 Kilometres
Weight more than 500 but upto 1000 Kilograms and Distance upto 200 Kilometres
Weight more than 500 but upto 1000 Kilograms and Dis ta nceupt()_2QQf<il()fl''"tr,"s(tvla)(lIT1LJrn,~ate" ...
59
, Rate per Kilogram (Rupees in Figures and Words)
8
9
10
'11
12
irrespective of Weight)
"- - .. ,,_._---_._---- ,- ,,-. -, -, .,,-,-------- _ ... -." -.... -----~-- . --,,_.,--_._._------- ---'''' ,- , ... ""
Weigl'1t more than 500 but upto 1000 Kilograms and Distance more than 200 Kilometres
-.-, --_ .. - -_._---Weight more than 500 but upto 1000 Kilograms and Distance more than 200 Kilometres (Maximum Rate irrespective of Weight)
Weight more than 1 000 Kilograms and Distance upto 200 Kilometres
.'" --'" - --- - -"'"
Weight more than 1000 Kilograms and Distance upto 200 Kilometres(Maximum Rate irf'8spective of
Weight more than 1000 Kilograms and Distance more 200 Kilometres ............ L.'"'.'.'C'.' ••• . •. _. __ ....... _ .. _. ...... •.. _.
13
14
Weight more than 1000 Kilograms and Distance more! than 200 Kilometres(Maximum Rate irrespective of . Weight
..... C::::~IIf:'lac~s .. ()':l.tside_l3ajilsthill1_ .......... _ .. Irrespective of Weight and Distance
3. Our prices quoted above include weighing, proper and secure packing of the materials to be counered as per the directions of the concerned officials of Rajasthan Samwadl DIPR, loading, transport. toll tax, transit insurance (if felt necessary). unloading, stacking and handing over of the materials to the consignees in good condition at the points of delivery.
4 Our prices include all our expenses on labour, packing materials, weighing and other equipments etc. but excluding GST at the prevalent rate which shall be paid extra by the Rajasthan Samwad.
5. The offer prices quoted by us are firm during the period of Contract
6. The financial proposal is inclusive of all activities not specifically mentioned in the RFP document, but which are essential for successful completion of the given work orders
7 Our Financial Proposal shall be binding upon us subject to reduction, if any, resulting from Contract negotiations, up to expiration of the validity period of the Proposal
GO
We understand you are not bound to any Proposal or any or an you receive.
Yours sincerely,
Authorized Signature {In full and initials)
Name and Title of Signatory: ____ . ___ ~_._. __ .. __ . ___ .. _._._._._. ____ .. __ ._._ .... ___ ._._
Inthe capacity of
Address:
E "mail: __ . ____ . ____ ...... ~ __ ._. __ ._. ___ . __ ~. ___ .
61
Section V Conditions Of Contract
62
Section V : Conditions of Contract ! 1.-Genera!~-~""-~~-------'-~"-"'~'---"'~'~"-'-'-'~'".-...... ~-.. ~~~ ... --- ~"'-~'~~-"~-'1
'''''~·~·--I-·-·-···;--·-·''~~·-·-'---'---~~~'·-;''~''~··''~---.. -.-~--~- ..... ~ .. - ..... ~~ .. ~.-~.-.-.-1 i S. No.! Particulars i Clause i Descnptlon ;! ': !
li1-'~r Definitions--~l'~--~"'-i~t~~~:s'!:r~~~~e~~~~e~~i-Ste-h-i~e~61~~~:~~e~f~~~~~~~ ! I following meanings: :
e ~~ .. _L_ -~ .. -~-~ ... _. __ I ~~._~ ___ ... _~"... .. ~ .... ~_ .. ___ ~ ! I 1.1.1 I' Act" means the Rajasthan Transparency in Public I
l~_J_ .. _____ I JProcurement Act, 2012 ....... ~ .. J i 11'111-:2' II' "Applicable law" means the laws and any other i
I instruments having the force of law in India and I I
II Rajasthan, as they may be issued and in force from
I I i I time to time. !
[ I-~ -I~:-:-i :~~:;';::::::,c;:::::, o~:;;;;-1 I
'''T 1.1.5 I "Service Provide(means the Bidder that will provide j I \1
' II I the Courier Services to the Rajasthan Samwad under I . . the Contract I
I
I,'''''''' II, 1.1.6 I "Contract or Rate 'Contract" means the Agreement I
. entered into between Rajasthan Samwad and the I
!
selected Service Provider, together with the Contract documents referred to therein, including all attachments, appendices, specifications and codes I
,and all documents incorporated by reference' I therein, IL--I i 1.1.7 "Contract Documents" means the documents listed
II. I I in the Agreement, including any amendments '. . thereto. I i I I f 1. 8 I "Day" means a calendar day ---I r-·T .. -·~ .. ----t"C1C"" 1'C",C:9~ t-~~-~~~~eco~~;';nt~~~r~~ :~~~:~~~-on~-W-hi-C~h ~ ! I I I
1.1.10 "Government! GOR" means the Government of Rajasthan. I I
~"-·--+-~-----+-C1C"':'.1~.1-1 ~r'Managing Director, Ra:-ja-sC:th-a-n--=S-a-m-w-a-d"'''-m-e-a-n-s--C:th-e-i1
l .. ~~_ I "~_' .......... __ ~ .. _~ ... ~ I executJv:~:~~~o~:~jasthan sa~::~~.~ .... ~._~ .. J 63
!---------T------- ·-·--T1.1.121'~n-~vriti,'lQ';·nl-eans-comm Lir~ca-ied-jil_v;jntten-form-asl
I I a letter, E-mail, fax to the specified address, contact I I
I ,I id with proof of receipt i I ! ;
I"---.. ---~--.-·-.--- _. ___ --1 ____ ... _._. __ .. L._ .. ___ .. ______ . ____ . _____ . ___________ .. ______________ J
i [1.1.13 I "LOI! LOA" means the Letter of Intent! Acceptance! I (sent by Rajasthan Samwad to the selected i
f--.--I-- .______ __ .. J___J:~~~~::_f~II~~d::_~er~l~e:::~er._. ______ .. _.--J I 1 1.1.14 I "Party" means the Client or the Service Provider, as!
I I i I the case may be, and "Paliies" means both of t!,em. i ,,', I I I r----t-------------[Tf15i "Perso/lnel" meanstechniCal andsupportStaffwhich I I. I ! I will be provided by the Biddel"/ Service Provider to I
i perform the Services or any part thereof under the i I '1' Contract; !I
; i 1 r·----r----------l-1c-.1c-.c-16:--+1"""PrOCuring·Eniity';--means the Rajasthan Sarnwad, II I I I I Jalpur f-..-i-----.---+---. ~--;;:;-- J ! I i 1.1.17 I "Rajasthan Samwad" means the self-governed I
, I II society formed by Government of Rajasthan and I i registered under the Societies Registration Act, I
I I I 1958. The selected Service Provider will sign the i I I Contract with Rajasthan Samwad for the Services. i
~_.--J --f-:-. _~ I
I II 1 1.18 I "Rules" means the Rajasthan Transparency in Public I
Procurement Rules, 2013 ~
r-t--------I'1-:1.19 "Services" means the tasks to be performed by the I
I I selected Service Provider pursuant to the Contract.
1------j---------lu20 !"ServiceProvider';--means theBidderthatwill proVidel
I I ! I the Courier Services to the Rajasthan Samwad under,
I I I the Contract I i 1.1 .21 I "Terms of Reference" (TOR) means the documentl , I included in the RFP which explains the objectives, I
I scope of work, activities, tasks to be performed, I I. I respective responsibilities of the Client and the
I Service Provider, and expected results and I I ' deliverables of the assignment. I
11.1.22 I "Third Party" means any person or entity other than \
64
rS:No.~~~r'partlcujars'~ic lause'~~5escripiion~~~~'~'~~~~-'~~~"~' "~" "', ... '~~~-~~I i I _ i
L. ___ ._ ... _ .. ~J. __ ... ~.~_._ .... ___ .. __ ._, ____ ,,~_1 __ ." .. _.,_~_l __ ... ~ .. "._"_._~ __ ,,,_"_._ .. __ ,~ __ . ____ .. ," __ ."._ ... _,. __ ~ __ ~. __ .. __ " ____ "_" ____ ,"_._~~J I 2.1 i Interpretation i 2.1.1 ! In the Contract, except where the context requires I
I I i otherwise I Iii i. words indicating one gender include all genders; I
I iii. words indicating the singular also include tile plural i . and I
i words indicating the plural also include the singular; I I ii i. provisions including tile word "agree", "agreed" or I , "agreement' require the agreement to be recorded I I in writing; II
I iv. "written" or "in writing" means hand-written, type- I
written, printed or electronically made, and I
resulting in a permanent record; : v. the word "tender" is synonymous with "bid"
and "tenderer" with "bidder" and the words "tender document" with "bidding document".
vi. The marginal words and other headings shall not be I taken into consideration in the interpretation of these 'I
Conditions.
IlaW~GOver·-n7in~g-+-=2-:.2:-.c-1-i!-:, T=h-:-is Contract, its meaning and interpretatic;;;':-an-dthe!
I the Contract I relation between the Parties shall be governed by the I
I i Applicable Law. I I ii I I I' I I
~1'2:-3--I-l-an~g~u~a~ge-~~r2:3~T-t T-=--hi-s----:cC-o-n-tr-act has-'been~executed in the Engl ish! I I i Hindi language, which shall be the binding and
i I controlling language for all matters relating to the I I meaning or interpretation of this Contract I
12.4 -~+HO-:--ea~d-:CiC'n"gs-~~-12-:-4:1-TThe headin~gs~-s~hail'rlotTimit~'~alter~o~r~affect~ihe-I meaning of this Contract. i
2.5
I
I Notices, Communicatio ns
2.5.1'1 Any communication, notice, request or consent I required or permitted to be given or made pursuant I to this Contract shall be In Writing. Any such notice, I
I request or consent shall be deemed to have been i given or made when delivered personally, posted, e-i mailed, faxed to an authorized representative of the I Party to whom the communication is addressed, or I when sent to such Party at the address specified in I below:-I Representative of the Rajasthan Samwad and his! i her communication address: I ................................................................ . I Representative of the Service Provider and his! her I I com~unl~atlon address... .
i .......L __ . ___ L_~_ .. __ " .. ____ ... ~.
65
r ,,----T-----------1-25,:2-,~~~~~~-~~r~~~~e~~~~~~~~~iz~~-~~~~~;e;~:t~~I~~n iii i Party a notice In Writing of such change, I r---------r----~--,-,---J------T----------------------- - , i 2.6 I Authorized I 2,6,1 I Any action required or permitted to be taken, and any i , I Representative i I document required or permitted to be executed under t
'I S ' i this Contract by the Client or the Service Provider I I i may be taken or executed by the Authorized! , i Representatives of the Rajasthan Samwad and the I
: [I i Service Provider. i L-- : 1 1
i 2.7 t-Contract 12,7,1 I Subjec:i'tclthe order of precedence set forth in the1 ! Documents I I Agreement. all documents forming the Contract (and i I I all parts thereof) are intended to be correlative, I I : complementary, supplementary, and mutually I I i I explanatory, i
i~ -~---------------J--- ,,-,-:----~~------,------------ , ,---1 , 28 I Packing and I 2,8,1 I The Service Provider shall provide such packing of I I' i Documents i i the given materials as is required to prevent their I , I damage or deterioration during transit or transport I
I by any mode to their final destination, as indicated in '[ I the particular order. During transit, the packing shall I be sufficient to withstand, without limitation, rough I , ,
I
L,--1----- j 1
2,8,2
i handling and exposure to extreme temperatures, I'
I salt and precipitation, and open storage, Packing i case size and weights shall take into consideration, I I where appropriate, the remoteness of the final, I destination of the given materials and the absence I I of heavy handling facilities at all paints in~
i The packing, marking, and documentation within! I and outside the packages shall comply strictly with [ I such special requirements as shall be expressly I I provided for in the Work Order and in any other
I 12,8,3
I instructions ordered by the Rajasthan Samwadl i
! DIPR. i
I The Service Provider shall be solely liable for any I loss, shortage, damage, spoilage etc. of the i i couriered materials in handling or transit before I I handing them over to the consignees in good I I condition, Recoveries on account of any loss, I shortage, damage, spoilage etc, in the couriered I I materials shall be made from bill! duesl performance i
i, I security of the Service Provider.
13. Code of Integrity-- -
L __ J __ . __ . __ . ! ; _ " . /'
66 /
;i-/~--c---t J
Code of Integrity
3. '1.1 : It is required that Service Provider observes the : highest standards of ethics during the procurement . process and performance of the Contract. Therefore. The Service Provider or their personnel shall-(a) not offer any bribe, reward or gift or any material benefit either directly or indirectly in exchange for an unfair advantage in procurement process or performance of the Contract or to otherwise influence the Client! Procuring Entity; (b) not misrepresent or omit that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation in performance of the Contract; (c) not indulge in any collusion, Bid rigging or anticompetitive behaviour to impair the transparency, fairness and progress of the procurement process and performance of the Contract; (d) not misuse any information shared between the procuring Entity and the Bidders with an intent to gain unfair advantage in the procurement process and performance of the Contract; (e) not indulge in any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process and performance of the Contract; (f) not obstruct any investigation or audit of a procurement process and performance of tile Contract; (g) disclose conflict of interest, if any; (h) Disclose any previous transgressions with any Entity in I ndia or any other country during the last three years or any debarment by any other procuring Entity; and (i) not indulge in corrupt, fraudulent, collusive or coercive practices, in competing for or in executing the Contract.
67
.~-~------- T3T'2-····-·· the purposes of this Sub-Clause: , ,
I --c---I~. -
i Measures to I 3,2,1 be Taken On Breach Of Code of Integrity
i, "corrupt practice" means the offering, giving, I receiving or soliciting, directly or indirectly, of I anything of value to influence the action of a i public official in the procurement process or in I the Contract execution; I
IL "fraudulent practice" means a misrepresentation or I omission of facts In order to influence a I procurement process or the execution of the I Contract; i
iiL "collusive practice" means a scheme of I arrangement between two or more bidders, with I or without the knowledge of the Procuring Entity, ! designed to establish bid prices at artificial, non- I competitive levels; I
iv, "Coercive practice" means harming or tllreatening , to harm, directly or indirectly, persons or their I property to influence their participation in the I procurement process or affect the execution of a ! Contract i
! Breach of Code of Integrity by the Service Provider i i or their personnel:- Without prejudice to the 1 provisions of Chapter IV of the Act, in case of any i breach of the Code of Integrity by the Service: 'I' Provider or their personnel, the Procuring Entity
Rajasthan Samwad may take appropriate action in i accordance with the provisions of sub-section (3) of I section 11 and Chapter IV of the said Act
~ __ ~ ___________ L-____ L. ________________________________ ~
14. Commencement, Completion, Modification and Termination of Contract (I
I S.No. I Particulars TClause Description
I 4.1 I Effectiveness 4,1,1 This Contract shall come into force and effect on the I 'I of Contract date (the "Effective Date") on which the Client issues I
to the Service Provider the Letter of Acceptance of his Proposal. The notice to commence the Services, if issued separately, shall confirm that the effectiveness conditions agreed, if any, have been met.
68
!~----TForieitu re-o-f-T'4T2--jPertormallce-Securityalllouni-I;1 ful! -or-i;:;-pari--mayl i Performance I i be forfeited by the Rajasthan Samwad in any of the I Security , i following cases:-I ! (a) if the Service Provider fails to commence the
I Services within the specified time period after signing , i of the agreement with the Rajasthan Samwad. ! i (b) If any of the terms and conditions of the Contract i i is breached. '1
I (c) When the Service Provider fails to execute the , i Contract satisfactorily. I I (d) If the Service Provider breaches any provision of I I the Code of I ntegrity prescribed in the Act and I i Chapter VI of the Rules and CC Clause 3.
I Notice of reasonable time will be given in case of I ! forfeiture of Performance Security. The decision of '1
Ii. I the Client in this regard shall be final. . .. .. . .. 1
i~4~2~--tE~piration -;'T1-4. 2.1 "'TUnlesslerminated-earTier;-ihls Contraci-shallexpire-I i' I Contract I, I at the end of a period of 12 months after the Effective 'I
I
I.,! i Date. The duration of the present Assignment is 12
I, I. mooths which m,y furth" b, ,"',d,d bY,"'.":
I II I period of 03 months on the same prices and terms I I i and conditions.
,14.3 I Entire --.-----I-4-:-.-:c3...,.1c----II-:T=h-:i~s---==-Co·ntract contains all covenants, stipulations i
14.4
Agreement i and provisions agreed by the Parties. No agent or I I representative of either Party has authority to make, I and the Parties shall not be bound by or be liable for, I ! any statement, representation, promise or I i agreement not set forth herein.
Modifications lor I Variations
4.4.1 ,Any modification or variation of the terms and I conditions of this Contract, including any modification i or variation of the scope of the Services, may only be i made by written agreement between the Parties. I However, each Party shall give due consideration to
I I any proposals for modification or variation made by
i I ~1!--:-~--+!~th~e~0-t-he~r~p~a7rt~y~.~--~---~~,~~------_:"'C~~ ! I i 4.4.2 i In cases of substantial modifications or variations, i I I I prior written consent of Secretary to the Government,
:~I ~ ~_L_. ______ ~ ________ 'L.I_n_fo~r_m~a~ti~o_n_a~~:~~n~ __ ~:~la_t_i.o __ n_s_._w_~il~1 _be __ re~q~U~ir_e~d~. -----1
:"~:~~~C...Le~M_p~a!_~_~~:e~U_la~r~S __ I-LI~Clause! DesCriP_ti_o~n ________ /~/7/""/~/~//_r---.-_~----J ~,,/ J
/ /, 69
-§:f-T-Definitionl !3~lT-!-~~ra~:e~~1;;r~~:~r~~~I~~s~~t~~~~t~;th~C~~:~~~~~:I ! control of a Party, is not foreseeable, is unavoidable, i
i and which makes a Party's performance of its i obligations hereunder impossible or so impractical as , ! reasonably to be considered impossible in the i ! circumstances, and subject to those requirements II
i includes, but is not limited to, war, riots, civil i disorder, earthquake, fire, explosion, storm, flood or I i other adverse weather conditions, strikes, lockouts i ! or other industrial action (except where such strikes, I lockouts or other industrial action are within the
, I power of the Party invoking Force Majeure to I Ii! prevent), I '~I -~~--.-.--.----L-----J---------.--.-- ~ I I I 5.1.2 i Force Majeure shall not include (i) any event which I I i I' I. is caused by the negligence or intentional action of a I I I 1 Party or such Party's personnel or agents or! I I I I employees, nor (ii) any event which a diligent Party I
I I could reasonably have been expected both to take I I iii into account at the time of the conclusion of this I I I I I Contract, and avoid or overcome in the carrying out I I 1 1 I of its obligations hereunder. I
I 5.2 I No Breach of i 5.2.1 I The failure of a Party to fulfil any of its obligations i I Contract ' I hereunder shall not be considered to be a breach of,
II, ' Due to Force I or default under this Contract in so far as such
Majeure I inability arises from an event of Force Majeure, , provided that the Party affected by such an event
i53
I
Measures to be Taken
1531
1-------T-----l5,3.2 I ,
! I !
i has taken all reasonable precautions, due care and i reasonable alternative measures, all with the '1' objective of carrying out the terms and conditions of this Contract.
I A Party affected by an event of Force Majeure shall I continue to perform its obligations under the i Contract as far as is reasonably practical, and shall ! take all reasonable measures to minimize the Lconsequences of any event of Force Majeure.
I A Party affected by an event of Force Majeure shall i notify the other Party of such event as soon as i possible following the occurrence of such event, i providing evidence of the nature and cause of such I event, and shall similarly give written notice of the I restoration of normal conditions as soon as possible.
I
70
ii .-~-~--.---- ··----rs3~3 '-rt~7g~~~~~;{j~~~;(:t~ha~-:~i~~s~~-i~:~~r~~~~It~~-l i extended for a period equal to the time during which i such Party was unable to perform SUC!l action as a ! result of Force Majeure.
L"~,_ ... _~,_--L_,"_". ____ ,_._. ____ l_ .. __ ~"_. ____ .J ._,_, __ '"_, __ ._. ___________ , ____ ~. _____ .. ____ ,,_,~ I I I 5.3.4 i During the period of their inability to perform the I i I I I Services as a result of an event of Force Majeure, I I i I the Service Provider, upon instructions by the Client, II
I I i shall continue with the Services to the extent I 'I possible in which case the Service Provider shall ! ! I continue to be paid under the terms of this Contract. I I i r- is}5 r~,:~=~~~::~~~;~~~~~~;:~i~: I
.-.l __ . ' Mechanism, I
Suspension I 5.4.1 I The Client may, by written notice of suspenslonto1 I I the Service Provider, suspend all payments to the I I ! Service Provider hereunder if the Service Provider I i I fails to perform any of its obligations under this I
I I I Contract, including the carrying out of the Services, , ,! provided that such notice of suspension (i) shall .
I J __ . ____ . ___ J_ .. lg~1~;~?::T~~:~:~~~; ::~(::=;I :::~~ I i 6, Termination ~
lSJ\lo:~r-p-a-Crt~ic~u7Ia~r~s- ----C lau-s-e'--:D::-e-scripti(;n-~--------------------j i 6.1
I
'-----.1
By the C 1'7'ie-n-;t-1.'-c6"".-;:1""'.1'--+T:;:Ch'-e-;::R:-a7ja-s'7th:-a-n-;::S'-a-m-w-ad . m-a~y-;t-e-rm-Ci-n-at:-e-;t-;-h;-is Contra ct I in case of the occurrence of any of the events' specified in paragraphs mentioned below, In such an occurrence the Client shall give a not less than fifteen (15) days' written notice of termination to the Service Provider:
71
I I
-~-~-(a)jTihe~ServiCe-pr~oViaerfaUsio~re-mecjy·afailure·m-i
the performance of its obligations under lhe I Contract. as specified in the notice of I termination. i
16
.1
.2
I
(b) If the Service Provider becomes insolvent or I bankrupt or enter into any agreements with their I creditors for relief of debt or take advantage of I any law for the benefit of debtors or go into I liquidation or receivership whether compulsory or ! voluntary. I
(c) If the Service Provider fails to comply with any I final decision reached as a result of Dispute I Resolution Mechanism or arbitration 'I proceedings, I
(d) If, as the result of Force Majeure, the Service I Provider is unable to perform a material portion I of the Services. I
(e) If the Rajasthan Samwad, in its sole discretion i and for any reason whatsoever, decides to II
terminate this Contract. (f) If the Service Provider, in the judgment of the I ,
Rajasthan Samwad, has breached any provision I of the Code of Integrity as given in CC Clause 3 i
or engaged in corrupt, fraudulent, collusive, I coercive or obstructive practices in competing for or in executing this Contract. I
(g) If the Service Provider submits to the Rajasthan Samwad a false statement! document which has a material effect on the rights, obligations or interests of the Rajasthan Samwad,
(h) If the service provider fails to carry out the given I order of courier or delays the delivery of the couriered articles or fails to perform the courier services to the satisfaction of Rajasthan Samwad/DIPR
I Termination by the Client due to·failure·of the Service I Provider to provide the required Services shall lead ! to the forfeiture of the Performance Security as per ! CC Clause 4.1.2 [Forfeiture of Performance Security] I and Rajasthan Samwad will be at liberty to terminate i the Rate Contract and award the contract for the i remaining period to any other agency at the risk and i cost of the original Service Provider. i
72
i6:2!Bytfie Service Provider
Ti ···T-The-ser;JiceproVider·nlaytefininaiethis-Co~r1ir;icfbY i i not less than thirty (30) days' written notice to the I
Rajasthan Samwad, in case of the occurrence of any II
of the events specified as under: (a) If, as the result of Force Majeure, the Service i
Provider is unable to perform a material portion I of the Services for a period of not less than sixty I ~)d~. I
'1 i (b) If the Rajasthan Samwad fails to comply with any I ! i! final deCISion reached as a result of Dispute I'
iii ! Resolution Mechanism or arbitration. i ~ ii, P,-:-3--- [ces'sation-Ofll3TI--1'uPo'n-terminationofihis-contract pursuant 10- cc'l , I Rights and' i Clause 6 hereof, or upon expiration of this Contract I
Obligations I pursuant to GCC Clauses 4.3, all rights and i , obligations of the Parties hereunder shall cease, I
except: I (i) such rights and obligations as may have accrued I
I on the date of termination or expiration, I [ (ii) the obligation of confidentiality set forth in CC !
, Clause 7,7, '1
(iii) the Service Provider's obligation to permit inspection, copying and auditing of their I ,
! accounts and records by the Rajasthan Samwad II
[ set forth in CC Clause 7,10, and
I, (iv) any right which a Party may have under the, Applicable Law, i
+--o;;c:--e-s-s-a::ti-o-n-o-;f:-~--;-1-+-1 c-U;---p-o-n--:-te-r-m-:i-na-ct7'io-n-of this Contract by notice of either I Services 1
6.4. I Party to the other pursuant to GCC Clause 6,1 or
I i 6.2, the Service Provider shall, immediately upon I
I receipt of such notice, take all necessary steps to I I bring the Services to a close in a prompt and orderly I manner and shall make every reasonable effort to I i keep expenditures for this purpose to a minimum. J'
~6.riPaymentupon-1 6.5 1 I Subject-to-i-he-CC'Clause 3.2.1 [Measuresto--be i i Termination Ii i Taken on Breach of Code of Integrity], upon
I I termination of this Contract, the Client shall make the , payment to the Service Provider for Services
LE' satisfactorily performed prior to the effective date of i i termination I
___ L ___ . ___ . ____ . _~ ___ ~___ ____ .... ___ .. ____ . __
73
6.6 ......... r5isplites~abolitr66.1 '~rrf~eitherParty"~ disputes~wf;€"the;:-anevent'has'l i Events . [ occurred, such Party may, within thirty (30) Days i
L 16.7
1.,1 Termination i after receipt of notice of termination from the other I i Party, may take recourse to Dispute Resolution I
I i Mechanism, and in that case this Contract shall not i be terminated on account of such event except in I
I I !
'~'~''''''''''T'
I Extension in i 6.7.1 Period of i
I deliverables I ! and Liquidated i I Damages I I I
!
I accordance with the terms of any resulting award in I i accordance with the Dispute Resolution Mechanism I i or arbitration. I
i If the Service Provider considers at any"timeduring i the performance of the Contract that he is unable to i meet the agreed dates and deadlines set forth for I various deliverables due to occurrence of an event of i Force Majeure or any other reasons, it may request I in writing immediately on the occurrence of cause of I hindrance to the Rajasthan Samwad to extend the 'I
period of delivery. The Rajasthan Samwad, after considering the reasons and justifications, may!
i extend the period with or without liquidated I damages. The Rajasthan Samwad, except in case of I
! an event of Force Majeure or reasons beyond the! : control of the Service Provider, shall be entitled to I ,
impose on the Service Provider, liquidated damages i ! as follows:-i
No. Condition LD%
i I
a. Delay up to one fourth period of the specified period of delivery. 2.5%
Delay exceeding one fourth but not b. exceeding half of the specified 5.0%
I period of delivery. I
--'--·---1-" ---_ .. __ . ----_. I ~ ... ~
I Delay exceeding half but not I
c. exceeding three fourth of the I 7.5 % , specified period of delivery. I I I
Delay exceeding three fourth of I d. the specified period of delivery.
I 10.0 %
procurement. -
I However, the liqUidated damages shall not exceed a I total of 10% of the Contract amount.
I
I __ ~~ ____ J __ ... ______________________ __ __ _______ --1
74
r---~ ..... -T- -------~-T6T2-·TRecoveiies--ofiiquidated damages~si:;oltSljppTy~-i
i spoilage in transit etc. shall ordinarily be made from i I invoices of the Service Provider. Amount may aiso I : be recovered from any dues and Performance I I Security available with the Rajasthan Samwad. In I I case amount of recovery still remains. recourse i
II I will be taken to Section 53 of tile Act or any other I
i i . I law in force. I f-~,~--·j·",,---,,-----·-· .. --·~-,··---·,_· __ L _____ .~~_.l,."--~.--.. ~-,----.--.----~--,--.--.-.-... ~-.. ~-.,,-.--._-_._._.,,- '-----'\
i 7. Obligations of the Service Provider I I ' ._ .. __ ... __ ~.. . ___ .. __ .... _._._._. __ ~_. __ . __ ... __ .. ___ ~ _____ ...J is.No. I Particulars I Clause i Description I Iii . I
, ..... , ____ "._. .. __ L. __ .. _ ... ______ . ____ .. _._., __ .1-... _._ ... ,._ ...... __ .. __ ,_ ......... _______________ , ... ,_. __ .. _, .. _.. . .... - .. ---.-----~----,.-.---.{ i 7.1 i Standard of i 7.1.1 I The Service Provider shall perform the Services and I , I Performance i I carry out its obligations hereunder with all due i
I : diligence, efficiency and economy, in accordance I
I with generally accepted professional standards and I
. practices, and shall observe sound management I I practices, and employ appropriate technology and I I safe and effective equipment, personnel, machinery, I I materials and methods. The Service Provider shall I
I always act, in respect of any matter relating to this I I I Contract or to the Services, as faithful adviser to the I ,
I
i----~- 7.1.2
i Rajasthan Samwad, and shall at all times support I i and safeguard the Rajasthan Samwad's legitimate i interests in any dealings with Third Parties. No I
decision of the Service Provider should cause any loss to the Client.
I The Service Provider-'shallemploy and provide such , qualified and experienced personnel as are required
to carry out the Services. I l-;;;-:;;----l-;---~-~__+_:::_::-:-__+-:=--;:::----.---~---.--.-~---::__-:;:-__:_--:--l Law Governing 7.2.1 The Service Provider shall perform the Services in Services accordance with the Contract and the Applicable
! Law and shall take all practicable steps to ensure
J I that all the Personnel of the Service Provider comply I with the Applicable Law.
1-'7=-.-=-3- I Con-=fI.,..ic~t~0~f--1!T3~1-+cT=h~e-S~e~r~v=ic~e~P=r~0~v~id~e~r-sh~a-I-I ~h-O~ld-~th~e-R-a~j~a~st~h-a-n-i I Interests I Samwad's interests paramount, without any I consideration for future work, and strictly avoid
I conflict with other aSSignments or their corporate interests.
L __ ....J ______ ...L __ .......l _________ •. ___ ~._ ...• _._.~. ___ """"7_ ... __ . ___ . ..J
75
if.iC-Tc-onfidentiaiTtY"'!-f4TTTn;;ICiCiiiioil-tothe'provisionsof'Seci!on'490f 'fu;;-Act! !! . and Rule 77 of the Rules, except with the prior i
!
I, i written consent of the Rajasthan Samwad, the I i Service Provider and his Personnel shall not at any i i time communicate to any person or entity any I
i i!. confidential information acquired in the course of the I!
! 7.5
I I! Services. J i Liability of the ! 7.5.1 1 The Service Provider's liability under this Contract i I Service i shall be as per the Applicable Law. I i Provider! !
, ': I
11::~::~:Ir IT6TI~~:~:E:~;:;::::~=;:'~~rl ! :rovid,er a,nd I ! particular order. It includes, inter alia, weighing, I i Its obligations ! i. providing appropriate packing material, doing proper II
I I packing, loading, transporting, paying toll or any lather taxes enroute, unloading, stacking and. ! handing over the materials to the consignees. i 'I! Therefore, if the Service Provider, in his on interest, I
wants to cover his transit risks, may take appropriate ' i insurance for it The Service Provider shall be solely I responsible for any loss, damage or spoilage which
may occLir to the consignment before its safe delivery to the consignees at the point of delivery,
i~ ____ 4-____________ ~~~-Ti~. I
I 7.6,2 Service Provider's obligations:
I
I !
, I i i i i I
I ! !
I
I I
I L-. __ ,
1.
2,
3.
4.
The Service Provider is obliged to work closely with the Rajasthan Samwad, DIPR and abide by their directives. , The Service Provider will abide by the job safety I measures prevalent in India and will free the Rajasthan Samwad from all demands or responsibilities arising from accidents or loss of life the cause of which is the Service Provider's negligence. The Service Provider will pay all indemnities arising from sLich incidents and will not hold the Rajasthan Samwad responsible or obligated. The Service Provider is responsible for managing the activities of its personnel and will hold itself responsible for any misdemeanor. The Service Provider shall keep the Rajasthan Samwad indemnified for all legal consequences arising out of activities of its Personnel that may end up being offensive etc.
76
i 7.7 "'TAccOtlntillg;-"" "'r::;'ji"T' i'l'he"ServiceProvider"shaii'keep"accura'te 'and"] I I, I" , ,
i Inspection and systematic accounts and records in respect of the ! \ Auditing : i Services and in such form and detail as will clearly i
, identify relevant time changes and cosis, I iii
~-·-"·---"--··"·--t·" .. -·-~~,·-,--~--~.->~-·~·-h--·"-·"-_. "-"J-,~-----~ ... -----.--,--~.--~.~~.--,--.-.-----~-----"."_" __ . ___ . ____ "._~_,,_ .. "J " I 7 7 2 i The Service Provider shall permit the Rajasthan I
, 1,1 ,. ! Samwad or Government of Rajasthan and! or I ! persons appointed by them to inspect the Site and I
! I its accounts and records relating to the performance ! ! of the Contract and the submission of the Proposal I
I ! to provide the Services, and to have such accounts , : I I! and records audited by auditors apPointed by the I I I : I Rajasthan Samwad or Government of Rajasthan. 'I
I I -----L i
l-' .... '~I-''''-- 17.7.3"IThe Service Provider's attention is drawn to the fact; , I! that acts of the Service Provider intended to impede !
I 'i the exercise of the powers of inspection and audit by I I ,the Rajasthan Samwad or the Government i
I constitute a prohibited practice leading to Contract i I ,! termination as well as to a determination of i I I i I ineligibility for further contracts. I
k8~'uipmenT,-,I'::;7-;.8".C"1 ~t-I-:A"n"y-equiP'meni'o;: materials brought by the s'ervice'l I' I :~d Materials. i Provider or Its Personnel and used for rendenng the I I ' Provided by i I Services shall remain the property of the Service !
i the Service . Provider or Personnel concerned, as applicable. Provider
I 9. Obligations of the Client (Rajasthan Samwad)
F:NO.
77
j !f:!----l Ac-cess-to the Tg-2:i---T Tr-JeR-ajasihan --Sa-wAiael warra~;;tsThatthe-ServTcel i Site work! : Provider shall have, free of charge, unimpeded i , ! access tc the site of work in respect of which access i I I I is required for the performance of the Services, i I I I .J r 10. Payments to Service PrOv~-
~~~-----------~----"----,~-~~-..,----".-----,------.. --------,----,--~-".------"----"--".. ' \10.1 I Rate Contract I '10,1.1 I The Rate Contract prices shall remain fixed during I I I Prices I i the contract ! iii ' i r------r---·----·--·---t10-:1-:2--l Any chang-e to the RaTeContractprices specified in-1 I I I i CC Clause 10.1.1 can be made only if the Parties i
. I I have agreed to the revised soope of Servioes i I I I pursuant to CC Clause 4.4 and have amended in !
I rO.2 II I I writing the Terms of Reference. I
I Paymenf 1-10.2.1 lin consideration of the Services performed by-the l ,
10.3
I ,
Price Clause
~f!chedule of I I Payments
I i
I
I ! Service Provider under this Contract as specified in i I I the final Terms of Reference, the Rajasthan I I I Samwad shall make to the Service Provider such 1
I I payments and in such manner as is provided in the I
I Contract. This amount has been established based ! on the understanding that it includes all of the I
! !
I, Service Provider's costs and profits as well as any i tax obligation that may be imposed on the Service I
! Provider, excluding the Service Tax. I .~:;-:-+I __ __ - I
Fall+ 10.3.1 I The prices under the Rate Contract shall be subject I I I to price fall clause. If the Rate Contract holder I
I quotesl reduces its price to render similar services at I
110
.4.1
I
prices lower than the Rate Contract prices to anyone \' in the State at any time during the currency of the! Rate Contract, the Rate Contract prices shall be I automatically reduced with effect from the date of I reducing or quoting lower prices, for all delivery of I the services under that Rate Contract and the Rate I
I Contract shall be amended accordingly. !
rAil payments shall be made in Indian Rupees. i
I Payment will be made to the Service Provider on I monthly basis on presenting invoice based on I
! contract rates and terms and conditions along with i
I the acknowledgements duly signed and sealed I issued by the consignees of the goods received by I them during the month in good condition. i
,The monthly invoices shall be verified by the I I respective officer of the section or a committee i
constituted for this urpose. ,/ i --~7
I I I __ . ___ l_~~~ ___ .l.--__
.'
78
fio .5 -~-ITaxeS~~a~n(f~-r10~5-q' These:vice ~Provider-isresponsiblefoi:meetin~g-a;:;y! I! I! and alilaxes Including toll tax liabilities arising out of! I I the Contract, except service tax which shall be paid I
i extra as applicable by Rajasthan Samwad. I i ,
I i Income tax shal! be deducted from the payments to!
II' , I the Service Provider at source in accordance with I
'II 1 I prevalent law. ! ~ ----i----~------"-,··- ---".-.-------.'-~.-~.-.--__! 110.(f~-r-Currency of 110.6.1 1 All payment under this Contract shall be made in! i I Payment I [Indian Rupees. I I 'I' I ' ~__ _~ __ ~ I ! i 10.7 I[ Mode of Billing 110.7.1 I The payments under this Contract shall be -made~on-, I , and Payment I I,' monthly basis against the deliveries as per CC !" . I I I, 'I Clause 10.3 i.
l ' I II! --~------"--,l"--·-"--,-----"---"-,----,·--,-."--.. -" .. ··-·-,-" -... ..t. -----------"-.,-~"""-~------, ... --.-,,---"----'"----------I
I 1 [10.7.2 i Tile montillv Payments: The Rajasthan samwadl I I' 1 I' shall pay the Service Provider on the receipt by the, I Rajasthan Samwad of the monthly cover invoice! I I I based on contract rates and terms and conditions I I I' II alongwith the acknowledgements of the consignees I
I for the related month duly verified by officers of!
I I concerned sections Rajasthan Samwad! DIPR or al
I
I I' I committee constituted for this purpose. The payment I can be withheld by the Rajasthan Samwad if there is [ any delay, loss, damage etc. to the materials
, delivered for which appropriate deductions will be I I made. i
II I Any amount, which the Rajasthan Samwad has paid I or caused to be paid in accordance with this Clause I in excess of the amounts actually payable in'l accordance with the provisions of this Contract, shall be reimbursed by the Service Provider to the i Rajasthan Samwad within thirty days after receipt by I the Service Provider of notice thereof. Any such
i claim by the Client for reimbursement may be made I within twelve (12) calendar months after completion I or termination of the Contract. i
i i
10.7:-3'-t All payments under this Contract shall be made to I i I the bank account of the Service Provider as I I [' intimated by the Service Provider. i
, I. ' 11. Settlement of dlsputes--' I
I
79
~" "'~'" The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof. In the event a dispute, differences or claim arises in connection with the interpretation or implementation of this Contract, the aggrieved party shall issue a written notice setting out the dispute! differences or claim to the other party, Parties shall first attempt to resolve such dispute through mutual consultation, If the dispute is not resolved as aforesaid within 30 days from the date of receipt of written notice, the matter will be referred for Arbitration,
Arbitration In case the dispute is not resolved, any paliy may issue a notice of reference, invoking resolution of disputes through arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, The arbitral proceedings shall be conducted by sole arbitrator, Secretary, Department of Information and Public Relations, Government Rajasthan, Arbitration proceedings shall be conducted at Jaipur and the award shall be made in English or Hindi language, Following are agreed:
<II The arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly,
.. The arbitrator may award to the Party that substantially prevails on merit, its costs and reasonable expenses (including reasonable fees for counsel),
When any dispute is under arbitration, except for matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Contract
Any judicial proceedings if need to be instituted by either party, shall be instituted only in courts situated in Jaipur,
80
SECTION VI CONTRACT FORMS
81
Section VI : Contract Forms
Contract Agreement
(To be executed on Non-Judicial Stamp Paper of appropriate value)
RATE CONTRACT FOR PROVIDING COURIER SERVICES
FOR DELIVERING PRINTED MATERIALS, ETC. AT
VARIOUS PLACES IN RAJASTHAN AND OUTSIDE
Between
Managing Director, Rajasthan Samwad, Department of Information and Public Relations Campus, Government Secretariat, Jaipur-302 005
and
[Name of the Service Provider]
Dated:
82
CONTRACT AGREEMENT
This CONTRACT (hereinafter called the "Contract") is made this [day number] day of the month of [month], [year], between, on the one hand, The Managing Director, Rajasthan Samwad, Department of Information and Public Relations Campus, Government Secretariat, Jaipur-302 005 (hereinafter called the "Client") which expression shall, where the context so admits, be deemed to include his successors in office and assigns and, on the other hand, [name and address of the Service Provider] (hereinafter called the "Service Provider") which expression shall, where the context so admits, be deemed to include his heirs, successors, executors and administrators,
WHEREAS
(a) The Client has requested the Service Provider to provide courier services for delivering printed materials, etc, at various places in Rajasthan and outside (Services)
(b) The Service Provider, having presented to the Client that it has the qualified profeSSional skills, expertise and technical resources, has agreed to provide the Services on terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1, The following documents attached hereto shall be deemed to form an integral part of this Contract:
(a) The Technical and Financial Proposals (Bids) submitted by the Service Provider (b) The Statement of Outcomes of Negotiations and Final Terms of Reference (c) The Conditions of Contract
In the event of any inconsistency between the documents, the following order of precedence shall prevail: The Conditions of Contract; The Statement of Outcomes of Negotiations and Final Terms of Reference and The Technical and Financial Proposals (Bids) submitted by the Service Provider
2, The mutual rights and obligations of the Client and the Service Provider shall be as set forth in the Contract, in particular:
(a) the Service Provider shall carry out the Services in accordance with the provisions of the Contract; and
83
(b) the Client shall make payments to the Service Provider at the rates finally agreed in the negotiations, excluding Service Tax whish shall be paid extra in accordance with the provisions of the Contract (c) The work shall commence on " ' and be completed within a period of 12 months,
IN WITNESS HEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first written above,
Witness 1
Witness 2
Witness 1
Witness 2
FOR AND ON BEHALF OF ," (THE SERVICE PROVIDER)
(Name)
(Designation)
(Address)
FOR AND ON BEHALF OF THE RAJASTHAN SAMWAD .... ".
(Name)
(DeSignation)
(Address)
84
of Guarantee for
iS5.ued by a Scheduled Bank in and properly stamped)
Bank's Name and Address Issuing Branch Beneficiary:
The Managing Director, Rajasthan Samwad, Department of Information and Public Relations Campus, Government Secretariat, Jaipur-302 005
THIS DEED OF GUARANTEE executed on this the . day of at-=----:-c----:-_-.-_---,-_---:-:--by_-=:--:-:----:-_-::::-__
(Name of the Bank) having its Head! Registered office at .--;---;--;;--:---c-;---- hereinafter referred to as "the Guarantor" which
expression shall unless it be repugnant to the subject or context thereof include successors, administrators and assigns;
In favour of, The Managing Director, Rajasthan Samwad having its office at Department of Information and Public Relations Campus, Government Secretariat, Jaipur-302 005, hereinafter referred to as "Rajasthan Samwad", which expression shall, unless repugnant to the context or meaning thereof include its successors in office and assig ns,
WHEREAS, A, By the Agreement being entered into between Rajasthan Samwad and , a company! firm incorporated under the provisions of the Companies Act, 1956/ any other law, having its registered office/ permanent address at hereinafter called the "Service Provider", The Service Provider has been selected to provide "courier services for delivering printed materials, etc. at various places in Rajasthan and outside".
B, In terms of the Contract, the Service Provider is required to furnish to Rajasthan Samwad, an unconditional and irrevocable bank guarantee for an amount of Rs, _-,--_~/- (Rupees Only) as security for due and punctual performance/ discharge of its obligations under the Agreement
At the request of the Service Provider, the Guarantor has agreed to provide guarantee, being these presents guaranteeing the due and punctual performance/discharge by the Service Provider of its obligations under the Agreement
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS
1, The Guarantor hereby irrevocably guarantees the due and punctual performance by the Service Provider of all its obligations relating to the Assignment during the Agreement Period or extension thereof,
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2. The Guarantor shall. without demur. pay to Rajasthan Samwad sums not exceeding in aggregate Rs. (Rupees ___________ Only), INilhin five (5) calendar days of receipt of a written demand therefor from Rajasthan Samwad stating that the Service Provider has failed to meet its performance obligations under the Agreement
The Guarantor shall not go into the veracity of any breach or failure on the part of the Service Provider or validity of demand so made by Rajasthan Samwad and shaH pay the amount specified in the demand notwithstanding any direction to the contrary given or any dispute whatsoever raised by the Service Provider or any other person. The Guarantor's obligations hereunder shall subsist until all such demands are duly met and discharged in accordance with the provisions hereof
3. In order to give effect to this Guarantee, Rajasthan Samwad shall be entitled to treat the Guarantor as the principal debtor. The obligations of the Guarantor shall not be affected by any variations in the terms and conditions of the Agreement or other documents or by the extension of time for performance granted to the Service Provider or postponement! non exercise! delayed exercise of any of its rights by Rajasthan Samwad or any indulgence shown by Rajasthan Samwad to the Second Party and the Guarantor shall not be relieved from its obligations under this Guarantee on account of any such variation, extension, postponement, non exercise, delayed exercise of any of its rights by Rajasthan Samwad or any indulgence shown by Rajasthan Samwad provided nothing contained herein shall enlarge the Guarantor's obligation hereunder.
4. This Guarantee shall be irrevocable and shall remain in full force and effect until 60 days after fulfilment of all the obligations of the Service Provider under the Agreement, unless discharged! released earlier by Rajasthan Samwad in accordance with the provisions of the Agreement The Guarantor's liability in aggregate be to a sum of Rs. !- (Rupees only).
5. This Guarantee shall not be affected by any change in the constitution or winding up of the Service Provider! the Guarantor or any absorption, merger or amalgamation of the Service Provider! the Guarantor with any other person.
6. The Guarantor has power to issue this guarantee and discharge the obligations contemplated herein, and the undersigned is duly authorised to execute this Guarantee pursuant to the power granted under ______ _
IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN.
SIGNED AND DELIVERED by -:---:-:--:-_-:--::-:::::-c __________ Bank and Branch by the ha nd of Sh ri ___ -;---::---;---:---::,--:---;-its _______ and authorised official.
(Signature of the Authorised Signatory) (Official Seal)
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